Minneapolis DWI and DUI Lawyer & Attorney : Brown Law Firm : Minnesota Drunk Driving, Sobriety Tests : Minneapolis, St. Paul, Twin Cities, Minnesota

The Minnesota Supreme Court had held that a driver has the right to consult with an attorney prior to determining whether they will submit to blood alcohol testing under Minnesota’s Implied Consent Statute. This right to counsel is available upon request once a driver is read the Implied Consent Advisory.

Minnesota law requires that a driver be informed that he or she has the right to consult with a lawyer as long as that consultation does not unreasonably delay the blood alcohol test. If the driver does not request the opportunity to consult with a lawyer, the right to counsel is deemed to have been waived. However, the waiver may be withdrawn if the driver communicates a prompt change of mind.

The consultation with a DWI lawyer over the phone need not occur in a private room and may occur in a very public area - even within ear shot of law enforcement. An individual does have the right to meet with a lawyer in person, rather than over the telephone, but the attorney must arrive at the jail within a reasonable amount of time so as to not affect the validity of the blood alcohol testing.

When a driver requests an opportunity to consult with a lawyer, law enforcement must provide them with the means to do so. If a driver is not allowed to do so, a refusal to test may be deemed reasonable under the circumstances.

Most often, law enforcement will provide drivers with a telephone book. If a reasonable period of time has passed between a driver being provided with a telephone and phone book prior to testing and counsel cannot be contacted, the person may be required to make a decision concerning alcohol testing even in the absence of a lawyer. The reasonableness of the length of the time a driver has to consult with counsel varies depending upon the circumstances.

The mere fact that a driver consults with a lawyer does not mean that the right to counsel is satisfied. The law provides that the driver must be permitted to have a "meaningful" consultation with counsel. This means that a driver may have the right to an interpreter if they have a difficult time communicating. The driver must be afforded a reasonable amount of time to actually speak with the lawyer about his or her situation. The case law suggests that a period of approximately fifteen (15) minutes is sufficient to speak with counsel.

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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.

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The National Highway Traffic Safety Administration in partnership with the Minnesota Department of Public Safety has published a summary of Minnesota DWI & DUI statutes entitled "EZ DWI: A Quick Reference Guide for the Enforcment of DWI and Related Statutes." If you've been charged with a DUI, we know you'll find this information helpful. Click to read the Minnesota DWI EZ Guide.

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Minnesota Statutes Section 169A addresses DUI  & DWI charges in Minnesota, including first-degree driving while impaired (felony); second-degree driving while impaired (gross misdemeanor); third-degree driving while impaired (gross midemeanor); and fourth-degree driving while impaired (misdemeanor). Driving under the influence, open bottle and other crimes are contained within these statutes as well.

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