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Minnesota's Implied Consent Laws Implied consent refers to the implicit agreement that drivers makeby driving on Minnesota roadsto consent to take a chemical test to determine the presence of drugs or alcohol.
Under Minnesota's implied consent law, any individual who chooses to operate, drive or be in control of a motor vehicle is automatically assumed to have consented to a blood, urine or breath test.
While driver's in Minnesota have a right to refuse a preliminary breath test (PBT) administered in the field, the law of implied consent means that they cannot deny a secondary breath or chemical test without consequences doing so is considered a crime.
You have the right to refuse a breathalyzer test, but it comes with a cost. In addition to immediate suspension of your driving license, in some states, you may be charged for refusal to take the test, and you can still be convicted of a DUI even without taking a breathalyzer.
Refusing to take a Breathalyzer in Minnesota results in a gross misdemeanor charge (escalated due to your DWI) and: Up to one year in jail. A $3,000 fine.
Consent when surrounding circumstances exist that would lead a reasonable person to believe that this consent had been given, although no direct, express, or explicit words of agreement had been uttered.
Regardless of fault, if you leave the scene of an accident where someone is injured, you may be charged with a gross misdemeanor or felony depending upon the severity of the injury. If someone dies as a result of the accident, you could be facing a maximum sentence of three years in prison and a $5,000 fine.
If you fail to complete a breath test, the police may ask for a urine or blood sample instead. If you continue to refuse, you will be arrested and charged with failing to provide a specimen. The maximum sentence is 6 months imprisonment and a unlimited fine.
While driver's in Minnesota have a right to refuse a preliminary breath test (PBT) administered in the field, the law of implied consent means that they cannot deny a secondary breath or chemical test without consequences doing so is considered a crime.