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

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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If your driver's license has been revoked because of a refusal to submit to a blood-alcohol test or because of a DUI charge, you can apply for a limited license in certain circumstances. Any action taken to secure a limited license is done through the Minnesota Department of Public Safety.

The Department will issue a limited license if you need to operate a motor vehicle for purposes of employment, to attend chemical dependency treatment, to provide for the medical, educational or nutritional needs for your family or if you need to attend college or trade school courses.

There is a waiting period in order for a driver with a suspended or revoked license to apply for a limited license. First-time offenders must wait 15 days, while those who face a second DWI must wait 90 days. If an individual has refused to submit to a chemical testing on multiple occasions they must wait 180 days to secure a limited license. The waiting period is one year for those who have had their license revoked as a result of a criminal vehicular homicide or manslaughter charge.

The waiting periods described above double for those who are under 18 at the time of the offense. The same is true if a person's blood-alcohol content was .2 or greater at the time of the offense.

For those who face a third DWI charge, a limited license may not be issued.

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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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The Minnesota Department of Public Safety has issued an informative brochure entitled "Impaired Driving: Penalties and Driver's License Sanctions." Non-lawyers will find this information useful because of its simplicity. Click to view the Minnesota DVS DWI Sentencing Brochure.

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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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