Implied Consent and Drivers License Revocation
The Minnesota Implied Consent Law sets the procedures that police/law enforcement must follow to request a BAC (Blood Alcohol Content) test from a driver suspected of DUI (driving under the influence) or DWI (driving while intoxicated). To maintain your driving privileges, you must submit to a BAC test when requested to by law enforcement. However, the law enforcement officer must have probable cause to suspect that you are under the influence of alcohol, and must also have had probable cause to stop you or otherwise come in contact with you.
If the officer has probable cause to suspect you of DUI or DWI, and you refuse to take a test to determine your BAC, you will automatically receive a 1 year long drivers license revocation. If you take the test and are found to have a BAC higher than the legal limit, you will also receive a drivers license revocation, but you will have the ability to get a temporary license soon after your revocation.
Drivers License Revocation Based On Test Refusal
When asked to take a BAC test, your refusal can result in immediate drivers license revocation. Refusal can be based on writing, verbal or by your conduct. If you are difficult with the officer to the point that he stops asking you to submit to a test, you may be considered to be a “test refusal”.
Drivers License Revocation Standards Of Proof
You must understand that in Minnesota, driving is considered a privilege and not a right. Your right to freedom can be taken away from you if you are found guilty of a DUI or DWI. To take away your right to freedom and require that you spend some time in jail, the court must find you guilty beyond a reasonable doubt. This is a very high standard and the government has to prove every element of the crime to obtain this standard and take away your freedom.
To take away your “privilege” to drive, the standard of proof is not as high. The standard of proof when you challenge a drivers license revocation is called a preponderance of evidence. This is a much lower standard and easier for the government to prove. An easy way to understand this much lower burden of proof is to consider it to be “more likely than not” that you were driving while under the influence.
Strict Timelines For Drivers License Revocation Challenges
There are very strict timelines you must follow if you want to challenge your drivers license revocation. You can win your DUI / DWI case and still lose your drivers license for a year. You must appeal the drivers license revocation within 30 days or you lose the right to challenge it!
If you have received a Notice of Drivers License Revocation, call Steve @ 612 807-5101 for a free consultation