Implied Consent
The legal principle that anyone who drives in Minnesota has agreed to submit to chemical testing for alcohol or drugs if lawfully arrested for impaired driving.
Implied consent means that by choosing to drive on Minnesota roads, you have already agreed to take a chemical test (breath, blood, or urine) if a police officer lawfully arrests you for driving while impaired. This rule comes from Minn. Stat. section 169A.51. You do not sign anything or say anything to agree – the consent is automatic under the law.
Before giving the test, the officer must read you an implied consent advisory. This advisory tells you your rights, including the right to talk to a lawyer before deciding whether to take the test. You have a limited time to contact an attorney.
Why it matters: Refusing a chemical test in Minnesota carries serious consequences that can be even worse than failing the test. A refusal can result in a longer license revocation, criminal charges for test refusal, and the refusal can be used against you in court. However, you still have the right to challenge the revocation at an implied consent hearing within a short deadline.
Example: You are pulled over and arrested for suspected DWI. The officer reads you the implied consent advisory and asks you to take a breath test. If you refuse the test, your license can be revoked for one year or more, and you may face an additional criminal charge for the refusal itself.
DWI/DUI traffic stops, license revocations, and impaired driving cases