What Is An Implied Consent Hearing?

If you are accused of drunk driving, you are likely overwhelmed with questions. In addition to criminal charges, your face the potential of losing your driver's license. I am Burnsville DUI/DWI defense attorney Howard Bass, and I understand the fears you may have.

For 30 years, I have aggressively defended clients accused of driving under the influence of drugs and alcohol. I have the skills and legal resources to defend your rights in the criminal and administrative proceedings. Contact my law firm to learn for a free consultation to learn how I can defend your rights and protect your driving privileges.

What You Can Expect From An Implied Consent Hearing

Minnesota's implied consent law permits the revocation of a person's driver's license, if the person refuses to submit to a:

  • Breath test
  • Blood test
  • Urine test

A license revocation is completely separate from any related criminal prosecution. In order to challenge the legality of a license revocation, you must file a petition for judicial review within 30 days of the date of the notice of revocation. Failure to do so waives your right to challenge the revocation and ensures that this alcohol-related driving violation will remain on your driving record forever, regardless of the outcome of any related criminal prosecution.

If you file a petition within 30 days, Minnesota law currently entitles you to a hearing before a district court judge (without a jury) within 60 days of filing the petition. At that hearing, the Commissioner of Public Safety is represented by the Minnesota Attorney General's Office. Witnesses testify under oath at that hearing and are subject to cross-examination. Issues typically litigated at implied consent hearings include the following:

  • Legality of the stop and arrest
  • Adequacy of the advisory of rights and obligations under the implied consent law
  • Vindication of the right to consult with an attorney prior to making a testing decision
  • Accuracy and reliability of the test results
  • Whether the petitioner refused to submit to testing

If the judge rescinds the revocation, your privileges to drive are reinstated. If the judge sustains the revocation, you can appeal that order to the Minnesota Court of Appeals.

Contact An Experienced Burnsville DUI/DWI Defense Lawyer

Potential jail time and a license revocation could be life-altering. When the stakes are high, make sure you have an experienced DWI/DUI defense attorney in your corner. I have 30 years of experience trying to tip the scales in my clients' favor. Contact my Burnsville law firm to learn how I can protect your driving privileges, while aggressively defending your rights.