What does implied consent mean?

On Behalf of | Jan 2, 2024 | DWI |

Some Minnesota drivers may not be aware of implied consent or may not fully understand what it means. It’s important for anyone who operates a motor vehicle in the state to understand implied consent, so they are aware of their rights when stopped under suspicion of driving under the influence of alcohol. Knowing one’s rights can prevent further escalation of an already stressful situation.  

What is implied consent? 

When anyone operates any type of motor vehicle anywhere in the state, they consent to a chemical test of breath, urine or blood if there is suspicion of driving under the influence of alcohol or a controlled substance. Police officers do not need a warrant to require a breath sample. For blood or urine tests, a warrant is needed to require one to provide a sample. 

The police officer must have probable cause that a driver is intoxicated before requiring a breath test or requesting a warrant for a blood or urine test.  Law enforcement officers may initiate a stop for DWI based on erratic driving. Other traffic stops for reasons not related to DWI may lead an officer to initiate an investigation based on a driver’s behavior during the stop.  

What to do after a DWI arrest 

It’s important to remember that a DWI charge does not always lead to a conviction. There are many paths one can take when deciding how best to react to a DWI charge. Minnesota residents who are facing charges related to driving under the influence can seek advice from an attorney, so they better understand how best to proceed forward with a defense strategy.  



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