• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar
  • Skip to footer
Call For A Free Consultation651-686-8800
  • Firm Overview
    • Articles
    • Settlements & Verdicts
    • Video Center
  • Attorneys
    • Jeffrey S. Sheridan
    • DeAnne L. Dulas
    • Andrew T. Hunstad
    • Randall A. Kins
  • Practice Areas
    • Criminal Defense
    • Aggressive DWI Defense
    • Aviation Lawyers
    • Family Law
    • Estate Planning & Litigation
    • LGBT Rights and Family Issues
    • Business Law And Litigation
      • Real Estate Law
      • Small Business Law
    • Federal Workers’ Compensation
    • Other Areas Of Law
  • Blog
  • Contact

‘Implied Consent’ in Minnesota Forces a Breath Test

July 18, 2014 by Sheridan & Dulas, P.A.

Some people may think that if you are pulled over by the police under the suspicion of driving while intoxicated, you have the right to refuse a breath test. This changes from state to state, but in Minnesota, you actually can’t refuse a breath test. It’s called “implied consent,” which means that if you are lawfully arrested by a police officer for operating a vehicle under the influence of alcohol or other substances, you are legally obligated to perform a breath, blood or urine test.

You do have the right to refuse a preliminary test, such as a field sobriety test. However, it is unlikely to help your case in any way. Still, you have that right.

Even though you are locked into a breath test when you are under the suspicion of DUI, the accusations don’t begin and end there. There are a variety of complications on the part of the police or on the past of the breath test equipment that could lead to your case being dismissed or dramatically altered.

For example, what if the police didn’t make a lawful arrest? What if the officer didn’t follow the instructions for how to implement and use the breath test equipment? What if the equipment itself was faulty or incorrectly calibrated?

These are just a few of the myriad examples of breath test issues that can lead to a drunk driving or DUI charge being dismissed. Even though you are locked in to “implied consent,” it doesn’t mean you will end up with a DUI on your record.

Source: Drivinglaws.org, “Minnesota DWI/DUI: Refusal to Take a Blood, Breath or Urine Test,” Teresa Wall-Cyb, Accessed July 18, 2014

Categories: Breath Test Refusal Tags: Breath Test, Implied Consent

Primary Sidebar

Practice Areas

  • Criminal Defense
  • Aggressive DWI Defense
  • Family Law
  • Estate Planning & Litigation
  • LGBT Rights and Family Issues
  • Aviation Law
  • Federal Workers’ Compensation
  • Business Law And Litigation
    • Small Business Law
    • Real Estate Law
  • Other Areas Of Law

Contact the Firm

    Footer

    Schedule a Consultation

    Sheridan & Dulas, P.A. logo Sheridan & Dulas, P.A.

    1380 Corporate Center Curve #320
    Eagan, MN 55121

    Tel: 651-686-8800
    Driving Directions

    Hours

    Mon-Fri: 8:30 am – 5:00 pm

    Schedule a Consultation

    Practice Areas

    • Criminal Defense
    • Aggressive DWI Defense
    • Family Law
    • Estate Planning & Litigation
    • LGBT Rights and Family Issues
    • Aviation Law
    • Federal Workers’ Compensation
    • Business Law And Litigation
      • Small Business Law
      • Real Estate Law
    • Other Areas Of Law
    The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Sheridan & Dulas, P.A. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Sheridan & Dulas, P.A.. | Copyright © 2021 | All rights reserved | Disclaimer | Privacy Policy | Sitemap