Legal Question in DUI Law in Minnesota

Implied Consent

I was recently charged with DUI. I was in my vehicle with the keys in the ignition. I know that is enough to charge me because I showed intent to drive my vehicle. I took all the FTS and the preliminary BAC at the vehicle, once I got to the station, they placed me in a room. They came and asked about another BAC. I stated I wanted to talk to an attorney. They never gave me acess to phone or a phone book after my request. They asked if someone could come and take me home, I gave them that number. While they were fingerprinting me, I asked when I was taking the BAC. The bailer stated I had been afforded that opportunity and I refused. I asked again. Then I asked if he was refusing to give me the BAC, he said yes. I started to ask questions, and I was ''reminded'' that I had been compliant thus far, and not to ''start'' anything when I was going home. I signed a form that they told me was my 7 day permit - not the implied consent form for the year suspension and the refusal for the BAC. I have not gone to court yet, Oct. 30, I go. What are my options at this point? I do not intend to fight the DUI portion, but, what can I do about the refusal side of the ticket? This is my first offense. Thanks


Asked on 10/24/07, 7:53 am

1 Answer from Attorneys

J. Chris Carpenter Harvey and Carpenter

Re: Implied Consent

If you truly asked to speak with an attorney regarding testing, you need an attorney NOW. You might be able to get your driver's license revocation rescinded because of that. Also the refusal may be an issue as well if they deemed you to have refused merely because you wanted to speak with an attorney.

Please call my office and set up an appointment. I give free consultations. You have some good issues here.

Sincerely,

Jennifer S. Homer

Attorney at Law(507)6253000

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Answered on 10/24/07, 2:53 pm


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