Implied Consent Revocation Attorney
Serving Minneapolis, Minnesota
At the same time that you are charged with a criminal offense (DUI or DWI), you are also given notice that your license is soon to be revoked and you have a 7-day temporary license before the revocation begins. This part of the process is commonly referred to as the Implied Consent. It is called this because when you become a licensed driver you give implied consent for an officer to question you if the officer believes you have been drinking. Your driver’s license is a privilege and not a right.
30-Day Absolute Time Deadline
You have 30 days from the date of the stop to challenge any issues with regard to your license being revoked. This is an absolute deadline.
Once your license is revoked you will be without driving privileges for varying days based on what you were charged with and how many prior DUI offenses you have on your driving record. For example, if you had one prior offense within the past ten years and you tested over .08 but below .20 then you would not be eligible for driving until 90 days have passed. You would then be eligible for a limited license (work or school permit) for a total of 90 days. But each case is different and unique.
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Each Case Is Unique
It is critical to analyze both the Implied Consent issues and the criminal issues. To win a DUI case you have to attack both and prevail.
Whenever a case is analyzed it is critical to investigate and become familiar with all of the details about the reason you were stopped or approached by police, what procedures the officer(s) used during the stop and subsequent arrest, the type of test you submitted to or if you refused, what is contained in your prior criminal/traffic history, what the officer read you when you were arrested, were you allowed to contact an attorney and many other variables.
The police report needs to be examined in detail to complete the analysis. It is important to have both views of the case prior to developing a strategy with regard to your case.