Implied Consent - Driving While Impaired (DWI/DUI)

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Minnesota’s Implied Consent Laws

• Minnesota’s Implied Consent Laws: The Consequences of Refusing to Submit to DWI Chemical Testing - NOLO Minnesota, like all other states, has “implied consent” laws. “Implied consent” refers to the implicit agreement that drivers make—by driving on Minnesota roads—to consent to take a chemical test to determine the presence of drugs or alcohol. more... less... A driver is required to submit to testing if an officer has probable cause to believe the driver is intoxicated and one of the following conditions must exist: the officer lawfully arrests the driver for DWI the driver was involved in a collision involving property damage, injury, or death the driver refused to take a preliminary breath test (PBT), or a PBT indicates the driver has a blood alcohol concentration (BAC) of .08% or more. Before administering the test, the officer must advise the driver of the consequences for refusal. The officer must also inform the driver of the right to contact an attorney and give the driver a reasonable amount of time to do so. However, the driver can’t use this right to unreasonably delay the chemical test. (There’s no predetermined amount of time an officer must give a driver to contact an attorney. But case law suggests 20 to 30 minutes is reasonable.) (Minn. Stat. Ann. § § 169A.20, 169A.51; Nelson v. Comm’r of Pub. Safety, 779 N.W.2d 571 (2010).)
• Request for Administrative Review (form) - Driver and Vehicle Services, MN Dept of Public Safety If your driving privilege has been revoked or disqualified under the Implied Consent Law (Minnesota Statutes, sections 169A.50 -.53), you are entitled to a review of the order by the Commissioner of Public Safety.

• DWI - Implied Consent Elements Handbook (Minn. Attorney General, 2019). Call Number: Main KFM 5697.8 .D84 2019

Minnesota Law

• Administrative and Judicial Review of License Revocation - Minn. Stat. 169.53
• An Overview of Minnesota's DWI Laws - Information Brief from the MN House Research Department, June 2018 Discussion of Implied Consent Law begins on page 4.

Case Law Related to Implied Consent

• Birchfield v. North Dakota, 136 S. Ct. 2160, 195 L. Ed. 2d 560 (2016) Holding: The Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving but not warrantless blood tests.
• State v. Bernard, 859 N.W.2d 762 (Minn. 2015). Holding: 1. Because a warrantless search of appellant’s breath would have been constitutional as a search incident to a valid arrest, charging appellant with violating Minn. Stat. § 169A.20, subd. 2 (2014), for refusing to take a breathalyzer in this circumstance does not implicate a fundamental right. 2. Because Minn. Stat. § 169A.20, subd. 2, is a reasonable means to a permissive object, it does not violate appellant’s right to due process under the United States or Minnesota Constitutions. Affirmed. (Case was also affirmed by the U.S. Supreme Court in: Birchfield v. North Dakota, 136 S. Ct. 2160, 195 L. Ed. 2d 560 (2016))

Breath Test Resources

• DMT Breath Test Operator Training Course Manual Concepts of Alcohol Testing, Portable Breath Test (PBT) Instruments.
• Minnesota Rules 7501.0900 List of Approved Screening Devices
• Breath Testing Program - Bureau of Criminal Apprehension

Featured Books

• Minnesota DWI Deskbook 4th ed. by Minnesota Continuing Legal Education Call Number: Main KFM 5697.8 .M56 2017 Publication Date: 2017

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In our positions as librarians, not lawyers, we can suggest resources but cannot give legal advice (such as which form to file) or legal opinions (such as how a statute might apply to particular facts). To do so could be considered the unauthorized practice of law. Even though we try to suggest materials that will be of help, more research is often required to find a complete and correct answer. For many questions, the best answer may be to consult an attorney.

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