If you’re pulled over for suspected drunk driving in Minnesota, you might think your rights are clear—but there’s one law that often surprises drivers: the Implied Consent Law. It’s a rule that could impact your driver’s license, your criminal record, and your freedom—even before you ever step into a courtroom.
At Martine Law, we defend Minnesotans who are facing DWI charges and license revocations. Understanding how implied consent works is key to building a strong defense and protecting your future. This blog breaks down what the law means, what your rights are, and what to do if you’re accused of violating it.
What Is Minnesota’s Implied Consent Law?
Under Minnesota Statutes § 169A.51, anyone who drives, operates, or is in physical control of a motor vehicle automatically consents to chemical testing if arrested for DWI. This includes tests of your:
- Breath
- Blood
- Urine
The test is used to determine your blood alcohol concentration (BAC) or detect the presence of controlled substances.
The law is based on the idea that by choosing to drive on Minnesota roads, you’ve “implied” your consent to chemical testing in the event of a lawful arrest.
When Does Implied Consent Apply?
Implied consent kicks in after an arrest for DWI, not before. Police must:
- Have probable cause to believe you’re impaired
- Place you under formal arrest
- Read you the Implied Consent Advisory, which explains:
- You are under arrest for DWI
- Refusal is a crime
- You have the right to consult with an attorney
- The test is mandatory
Only then are you legally required to submit to testing.
Can You Refuse the Test?
Yes—but it comes with serious consequences.
Refusing a chemical test after a lawful DWI arrest is considered a crime in Minnesota. You may face:
- License revocation for 1 year or more (even if it’s your first offense)
- Plate impoundment
- Mandatory ignition interlock
- Enhanced criminal charges and penalties
In some cases, refusing the test carries harsher penalties than failing it.
If you refuse a blood or urine test, officers may apply for a search warrant to compel the test. This is legal and has been upheld by Minnesota courts.
Implied Consent vs. Field Sobriety Tests
Many people confuse chemical tests (blood, breath, urine) with field sobriety tests (walk-and-turn, one-leg stand, etc.). These are not the same under the law.
| Type of Test | Can You Refuse? | Penalties for Refusal |
| Field Sobriety Test | Yes (voluntary) | None |
| Breath, Blood, or Urine | No (if arrested) | Yes — license & criminal |
Field sobriety tests are voluntary, and there are no legal penalties for refusing to take them. Chemical tests after arrest, on the other hand, fall under the Implied Consent Law.
What Happens If You Refuse a Test?
Refusing a chemical test doesn’t mean the case ends. In fact, it often makes the situation more complex. You could face:
Civil Penalties:
- Immediate revocation of your driver’s license (often for 12–18 months)
- License plate impoundment
- Ignition interlock requirement for license reinstatement
Criminal Penalties:
- A gross misdemeanor DWI charge (even if it’s your first offense)
- Up to 1 year in jail and $3,000 in fines
- Possible longer probation periods
If this is a second or third offense, penalties increase dramatically.
Is There Any Benefit to Refusing?
Some drivers believe that by refusing the test, they avoid providing evidence—but this strategy often backfires. Prosecutors can still:
- Use officer testimony about your behavior
- Use video footage (dashcam or bodycam)
- Highlight your refusal as evidence of guilt
And with Minnesota law allowing warrants for blood or urine, you may end up providing the sample anyway—after your refusal has already damaged your case.
Can You Fight an Implied Consent Violation?
Yes. At Martine Law, we’ve helped clients challenge license revocations and test refusals by examining:
- Whether the arrest was lawful
- If the Implied Consent Advisory was read correctly
- Whether you were given a reasonable opportunity to consult an attorney
- If the test request was clear and timely
If your rights were violated at any stage, we may be able to suppress the results—or even get the charges dropped.
Your Rights Under Implied Consent
After arrest, and before deciding whether to take the test, you have the right to:
- Speak with an attorney (within a reasonable time)
- Ask questions about the testing process
- Review the advisory before agreeing or refusing
Never waive your rights without speaking to a lawyer. Even if you plan to take the test, consulting an attorney can help guide your next steps.
What Should You Do If You’ve Been Arrested for DWI?
- Do not panic.
- Remain respectful—fighting with the officer won’t help.
- Exercise your right to an attorney.
- Avoid making statements about how much you drank or why you were driving.
- Contact Martine Law immediately to discuss your options.
Why Choose Martine Law?
When you’re facing DWI charges or license revocation due to implied consent laws, every decision matters. At Martine Law, we bring:
- Experience defending thousands of DWI and refusal cases
- Deep knowledge of Minnesota’s DWI and license laws
- Strategic approaches to protect your freedom and driving privileges
- Bilingual service for English and Spanish-speaking clients
📞 Schedule a free consultation now and let us protect your rights before it’s too late.
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