Know Your Rights: DUI/DWI in Minnesota

If you are stopped or arrested for drunk driving in Minnesota, you still have legal rights. The police must follow the law, and you have choices to make. Here is what you need to know.

Your Rights

1. You have the right to remain silent. You do not have to answer questions about where you were, how much you drank, or anything else. You must give the officer your name, license, and insurance, but you do not have to say more. Politely say, “I am using my right to remain silent.”

2. You have the right to an attorney. If you are arrested, you have the right to talk to a lawyer. You can ask for one at any point. If you cannot afford a lawyer, you have the right to a public defender under Minn. Stat. § 611.14 .

3. Minnesota has an implied consent law. By driving on Minnesota roads, you have already agreed to take a breath, blood, or urine test if an officer has probable cause to believe you are impaired. This is the implied consent law under Minn. Stat. § 169A.51 .

4. You have the right to talk to a lawyer before deciding on a test. Before you take or refuse a chemical test, you have the right to contact an attorney. The officer must give you a reasonable time to reach one. This right is part of the implied consent advisory under Minn. Stat. § 169A.51 .

5. Refusing the test has separate consequences. You can refuse the test, but refusal is a crime in Minnesota. Refusal can lead to license revocation and criminal charges on top of the DWI charge. See Minn. Stat. § 169A.20 .

6. You have the right to an independent test. After you take the state’s test, you can ask for your own independent test at your own expense. The officer must allow you a reasonable chance to get one. See Minn. Stat. § 169A.51 .

7. You can challenge the stop, arrest, and test in court. You have the right to fight your case. Your lawyer can argue that the officer had no reason to stop you, that the arrest was not proper, or that the test was not done correctly.

8. License revocation and plate impoundment are separate from your criminal case. The state can revoke your license and impound your plates through an administrative process, even before your criminal case is decided. These are civil actions under Minn. Stat. § 169A.60 , and you must challenge them separately.

What to Do

• Be cooperative and polite with the officer. Do not argue, resist, or run. Stay calm.
• Do not volunteer information. Give your name, license, and insurance, but do not explain where you were or what you drank.
• Ask for an attorney right away. Say clearly, “I want to speak to an attorney before I make any decisions.”
• Remember the details. As soon as you can, write down what happened: the time, location, what the officer said, what tests were given, and who was present.
• Do not miss your court date. Failing to appear can result in a warrant for your arrest and additional charges.

Important Deadlines

Deadline	What It Means
60 days	You have 60 days from the date of the notice to challenge an implied consent license revocation in court
Arraignment	Your first court appearance, where you hear the charges and enter a plea — do not miss this date
30 days	You have 30 days from a test failure to request judicial review of plate impoundment

Get Help

For more detail: See our full guides on these topics:

DUI / DWI Charges in Minnesota

A plain-language guide to understanding DUI and DWI charges in Minnesota, including penalties, license consequences, and the court process.

Getting a Public Defender in Minnesota

A plain-language guide to understanding your right to a public defender in Minnesota, including eligibility, how to apply, and what to expect.

What to Do If You Missed a Court Date in Minnesota

A plain-language guide to handling a missed court appearance in Minnesota, including bench warrants, how to resolve them, and your legal options.