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.
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).)
If your driving privilege has been revoked or disqualified under the Implied Consent Law (Minnesota Statutes, sections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.