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Sheridan & Dulas, P.A. Attorneys at law
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Posts tagged "implied consent"

Appeal of breath test refusal falls through for woman

When someone is arrested for driving under the influence, the police will administer breath and blood tests to the individual to ensure they get an appropriate reading of their blood alcohol content. Refusing to take a breath test can lead to serious consequences. In Minnesota, implied consent means you have to take a breath test at some point -- though you do have the right to refuse a preliminary breath test.

'Implied consent' in Minnesota forces a breath test

Some people may think that if you are pulled over by the police under the suspicion of driving while intoxicated, you have the right to refuse a breath test. This changes from state to state, but in Minnesota, you actually can't refuse a breath test. It's called "implied consent," which means that if you are lawfully arrested by a police officer for operating a vehicle under the influence of alcohol or other substances, you are legally obligated to perform a breath, blood or urine test.

Police claim man faked inability to speak English in DWI arrest

Police in Northern Minnesota claim that a man pretended that he cannot speak English during an investigation into a possible driving while impaired offense. The arresting officer claims that the 34-year-old North Dakota resident said “No habla,” when the officer asked the driver his name. The Moorhead police officer, however, apparently speaks Spanish and switched over to that language to identify the driver. Police say that the driver later admitted that he can speak English.

Eden Prairie man heading to ER accused of fleeing, test refusal

Hennepin County officials accuse an Eden Prairie man of fleeing police after law enforcement followed the man in his car to the emergency room at Fairview Hospital in Edina. Law enforcement claims that officers spotted a car traveling at erratic speeds on Highway 212 at around 5:30 in the morning on April 3. Police also claim that the car was crossing the lane markers on the highway. Officers apparently decided to conduct a traffic stop.

Vikings' Simpson arrested for DWI, refuses second breath test

In Minnesota, by obtaining a driver's license, motorists agree to comply with police orders to take a breath test if they are pulled over when they obtain a driver's license. Known as implied consent, this state law provides that a person can face criminal charges for simply refusing to take a roadside breath test for alcohol intoxication, even if they are actually sober.

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