Minnesota has conditions that come with obtaining a driver’s license and operating a vehicle in the state. One of them is that people will abide by implied consent laws. This means they agree to participate in sobriety testing if they are pulled over for suspected impairment or in an accident, in which authorities believe intoxication is a contributing factor.
Implied consent laws
Currently, implied consent laws state that a person suspected of driving while impaired must submit to chemical testing if asked to do so by law enforcement officers. These tests might include taking breath, blood, or urine samples roadside, at a hospital or a police station. For blood or urine samples, police must obtain search warrants. For breath samples, a warrant is not required, unless a person refuses to participate, then a warrant can be obtained to force participation.
What happens if one refuses to abide by implied consent laws?
Refusing to submit to a breath test is one’s right. Doing this, though, does have some consequences. For example, police have the right to place a person who refuses testing under arrest, and the state may suspend their driving privileges.
All about choices
Implied consent laws mean Minnesota residents and visitors to the state have a choice to make if they find themselves suspected of driving while impaired. Whether they choose to abide by implied consent laws is up to them. They need to think things through before deciding to participate or refuse sobriety testing. Regardless of one’s decision, an experienced criminal defense attorney will work diligently to assist in fighting any criminal and administrative actions taken in one’s case.