Civil implied consent proceedings begin when the arresting officer brings in the driver to the police station and asks him or her to subject to a chemical test. This stage is called the “implied consent” process for a reason.
In 1961, the Minnesota Implied Consent Statute was implemented to ensure that anyone who is issued a driver’s license will make a conscious effort to keep roads safe. Before an individual’s license is released, he or she would first need to sign the statute. Simply put, the Implied Consent Statute states that in exchange for a driver’s license, the individual agrees to subject himself or herself to a chemical test should he or she be arrested for DWI and that the result of the test can be used against him or her in a court of law.
According to the Minnesota Statute 169A.51 Subdivision 2, the officer administering the test should advise the driver that he or she is required (by Minnesota driving laws) to take the test. Failure to do so means that the officer violated the procedure therefore, the driver may not be held liable for a violation he or she did not know about. As a result, a civil implied consent charge may not be valid.
When a driver is found guilty of a civil implied consent charge, his or her driver’s license can be revoked.
Rights of a Driver Charged with Criminal DWI and Civil Implied Consent
Establishing the rights of a driver in criminal DWI and civil implied consent charges can be complicated. It is important for the driver to have his or her case reviewed and analyzed by an experienced defense attorney to ensure that his or her rights are protected through the course of the proceedings.