Minnesota’s implied consent law requires a person who drives or operates a motor vehicle to consent to a breath, blood or urine test for purposes of detecting the presence of alcohol or other controlled substances in a person’s body. These tests are administered by a law enforcement officer when they have probable cause to believe that a person has violated a law by driving under the influence of alcohol.
In order to build probable cause, law enforcement will typically observe the impaired driver and form a reasonable suspicion of a driving violation. Based upon their reasonable suspicion, they stop and question the driver. Following the stop, field sobriety tests and a preliminary breath test are given. If the officer’s tests lead the officer to conclude that a DWI has occurred, they may arrest the individual and demand a more thorough evidentiary test of the person’s blood alcohol content through a blood, breath or urine test.
Before administering these tests, law enforcement must read the implied consent advisory statement to the driver, explaining that the test is mandatory and that refusal to test is a crime. Moreover, they must indicate to the individual that they have the right to consult with a lawyer before taking the test. If no implied consent advisory is offered, the driver may still be charged with a crime and prosecuted, but the administrative sanctions through the Minnesota Department of Public Safety (usually a licensed suspension) cannot follow.
It is up to law enforcement to determine which of the three tests (breath, blood or urine) will be taken. If an individual refuses one type of test, they must be offered another type of test. Urine and blood tests are analyzed by the Minnesota Bureau of Criminal Apprehension. The results of these tests are usually available within one or two weeks. The results of a breath test are known almost immediately.
