Minnesota readers have probably all heard the term, “implied consent,” perhaps in the context of DUI investigation or criminal defense. Implied consent, which is recognized in other states as well, is the principle that anybody who has a driver’s license and operates a motor vehicle is deemed to have already consented to providing a breath, blood or urine sample for purposes of determining intoxication.
Implied consent is supposed to make it easier for police officers to conduct DUI investigations. Motorists are technically not required to submit to a test unless the investigating officer has probable cause to believe the suspect was driving under the influence and the suspect: has been placed under arrest; was involved in an accident resulting in personal injury, death, or damage to property; registered a blood alcohol concentration or 0.08 or more in a preliminary breath test; or registered an alcohol concentration of 0.08 or more in a preliminary breath test. Refusing to submit to a test under these conditions is a crime in Minnesota, and there are consequences for doing so.