Criminal Driving While Impaired (DWI) cases can be overwhelming, but they’re only half the battle when it comes to DWI defense. There’s a second fight to be had as well, and this one is about your driver’s license. If you’ve been arrested for DWI in Minnesota, you may have heard about implied consent challenges. You may have wondered what they are or whether filing one is right for your case. In this post I hope to shed some light on the issue and arm people with a better understanding of what these cases are and whether they’re right for you.
What is Implied Consent?
According to the National Criminal Justice Reference Service (NCJRS), all fifty states have now adopted implied consent laws of some sort. These laws basically say that, by operating a car on a public road, you have agreed to submit to a test if arrested on for DWI. The type of test depends on the circumstance. Minnesota uses three different types of chemical testing – breath, blood, and urine. More importantly, Minnesota’s implied consent statute allows the state to revoke your driver’s license if the test shows you are over the legal limit. This is true even if you never get convicted of the DWI offense in criminal court!
Challenging the Implied Consent Revocation
Luckily, not all is lost! Minnesota’s implied consent statute allows drivers to challenge their driver’s license revocation in court. However, the driver must do so by filing specific paperwork called an implied consent petition with the court. This must be done within 60 days, otherwise the driver will lose the right to make this challenge! The statute sets out 12 issues that a driver may raise in an implied consent case. You can see the whole list here. These issues include things such as whether the police officer acted lawfully in conducting his or her investigation, whether the officer conducted the correct procedures in administering the test, or whether the test itself was accurate. Typically, any issue that can be raised in an implied consent case should also be challenged in your criminal DWI case as well.
Should You File an Implied Consent Challenge?
Deciding whether to file a challenge to your driver’s license revocation is a big decision that deserves a lot of consideration. In some cases, it is very important that you file a petition. In others, it may just be a waste of time and money. Your attorney should be able to give you guidance tailored to your specific circumstances. Here are some of the important factors to consider:
- Strength of your defense. Do you have a strong issue to raise in your defense? If you have strong evidence supporting your side of the case, such as an independent witness or video footage that contradicts what the officer says happened, then an implied consent challenge is likely a good idea.
- Consequences of the Revocation. Everyone who gets a DWI is generally going to deal with driver’s license complications. Just how long your license will be revoked for depends on your prior record, the facts of your case, and what your test result was. For many first-time offenders, the revocation period can be as little as 30 days. For others, it can be several years.
- Personal Circumstances. How well are you able to manage without a driver’s license? For some people, relying on public transportation, friends, or rideshare companies is manageable for a while. For others, the ability to drive is more important and they are unable to go without a license. Given that filing an implied consent challenge can be an expensive process, for some people it makes sense to simply deal with the revocation rather than trying to fight it. For others, this is not the case.
- Your Criminal Case. This is probably the most important consideration, and the hardest one to understand. Although the implied consent case is entirely separate from the criminal case, in reality the two are somewhat connected and can impact each other. For this reason, sometimes filing a challenge is helpful, but other times it can actually hurt your criminal case! For this reason, it’s crucial to have a skilled and experienced attorney guide you through the process.
Conclusion
Navigating the complex legal word of DWI and implied consent is not easy. There are many factors to consider and many consequences that can stem from the decisions you make. While challenging your implied consent revocation can give you an opportunity to contest the revocation in court, sometimes there are good reasons to not file a challenge. The decision is an important one. An experienced and knowledgeable defense attorney – and one who prioritizes your best interests – can help guide you through the process. Contact me today to see how I can help you with this important decision.
