Rochester Minnesota DUI Defense Lawyer

Implied Consent Attorney Minnesota

Under Minnesota law, it is a crime to drive, operate, or be in physical control of a motor vehicle anywhere within the state, or upon the ice of any boundary water, if any of the following are present:

• The person is under the influence of alcohol;
  
• The person's alcohol concentration is 0.08 or more within two hours of the time of driving, operating, or being in physical control of the motor vehicle;
  
• The person's alcohol concentration is 0.04 or more within two hours of the time of driving, operating, or being in physical control of a commercial motor vehicle;
  
• The person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person's ability to drive or operate the motor vehicle; or
  
• The person's body contains any amount of a controlled substance other than marijuana. For marijuana, driving impairment must be proven; mere presence in the body while driving is not in itself a crime.

It is also a crime to refuse to submit to a chemical test of the person's breath, blood, or urine as required under the implied consent law. Test refusal carries greater penalties than test failures that show an alcohol concentration below .20.

If you have questions about the Implied Consent Law in Minnesota, please contact our Rochester Minnesota DUI attorney, to see how we can help.

Minnesota Implied Consent Law

Minnesota law states that “when a person drives, operates, or is in physical control of a motor vehicle anywhere in the state of Minnesota, that person impliedly “consents” to evidentiary chemical testing of his/her breath, blood, or urine for determining the presence of alcohol, controlled substances, or hazardous substances under certain circumstances.”

The test, which can be breath, urine or blood, is administered at the direction of the police. A driver is required to submit to the test when the officer has probable cause to believe the driver was driving, operating, or in physical control of a motor vehicle in violation of the DUI laws, and one of the following conditions exists:

• The driver has been arrested for a DUI violation;
• The driver has been involved in a motor vehicle accident resulting in property damage, injury, or death;
• The driver has refused to take a preliminary breath test; or
• The screening test was administered and indicated a blood alcohol concentration of 0.08 or more.

Minnesota law also requires the police to read the driver an advisory statement (the implied consent advisory). The driver must be informed that Minnesota law requires a test:

• to determine whether the person is under the influence of alcohol, a controlled substance, or a hazardous substance;
• to determine the presence of a controlled substance listed in schedule I or schedule II, other than marijuana; and
• that refusal to take the test is a crime.

Categories of Driving While Intoxicated/Impaired

There are four degrees of impaired driving offenses which range from the least serious, misdemeanor fourth-degree DUI, to the most severe, felony first-degree DUI.

• Fourth-degree DUI is a misdemeanor and includes impaired driving under any of the circumstances noted above when no aggravating factors are present.
• Third-degree DUI is a gross misdemeanor and includes impaired driving under any of the circumstances noted above when one aggravating factor is present or if the person refuses testing.
• Second-degree DUI is a gross misdemeanor and includes impaired driving under any of the circumstances noted above when two or more aggravating factors are present.
• First-degree DUI is a felony and includes impaired driving under any of the circumstances noted above with three or more prior qualified impaired driving incidents within the ten years of the date of offense.

The aggravating factors include:

• A qualified prior impaired driving incident, which includes both prior DUI convictions and prior implied consent revocations within ten years of the date of the new offense;
• The presence of a child under the age of 16 in the vehicle, if the child is more than 36 months younger than the offender;
• An alcohol concentration of .20 or more as measured at the time or within two hours of driving or being in physical control of a motor vehicle.

Contact Us Today For a Free Consultation

If you have been arrested and charged with a DUI / DWI, contact our Rochester Minnesota Criminal Defense attorney, to see how we can help. We always offer free initial consultations to our clients. Call 507.206.6020 or complete our free case evaluation form.