There are many state-by-state differences when it comes to DUI laws. Did you know that refusing a DUI test in Minnesota can cost you your drivers license? The attorneys at O’Keeffe O’Brien Lyson Foss are here to help you understand the details of Minnesota DUI laws.
Minnesota Has an Implied Consent Law
Minnesota’s Implied Consent law states that any driver arrested for driving under the influence of alcohol or drugs must take a chemical test (blood, urine or breathalyzer) to determine level of intoxication. If a driver refuses to take a chemical test, they will automatically lose their license for one year.
Is this Law Constitutional?
As of now the Courts are saying the implied consent law is constitutional. In a recent court decision in Minnesota, the Court stated that every licensed driver automatically consents to a chemical test the minute they get behind the wheel of a vehicle. Therefore, the request for a chemical test is not an unwarranted or unconstitutional search rather than a mandatory request from an officer.
Will an Officer Inform the Driver about this Law?
It is required that an officer informs the driver that it is illegal to refuse a chemical test. If the driver is not informed that refusing the test is illegal, they cannot be charged with the crime. Also, the officer must inform the driver of their right to attorney in that time.
If you have been charged with a DUI, get in touch with Tatum O’Brien, a criminal defense attorney who has many years of experience. Contact O’Keeffe O’Brien Lyson Foss in Fargo, North Dakota or call 701-235-8000 or 877-235-8002 today.