There are two cases that arise from a single DWI charge. There is the criminal proceeding where you are facing jail time and fines. And then there is the civil Implied Consent procedure that involves the loss of your driver’s license. In the criminal process, evidence is gathered on both sides of the case, your attorney ensures your rights were not violated during the arrest procedures, and the case moves on to court where you and your attorney work together in your defense.
The civil case involving implied consent loss of your driver’s license, the defense strategy is the same. The priority of protecting your rights doesn’t change, nor does working to reach a satisfactory outcome in the case. It is important to keep in mind that the state has the burden of proof in a civil case just as they do in a criminal case.
Implied Consent Defense:
Your MN DWI lawyer can use a number of defense strategies at the civil hearing. For instance, Minnesota Statute 169A.51 subdivision 2 states that at the time the officer requests the test, he or she must advise the driver that Minnesota law requires them to take the test. If the officer fails to advise the driver that they are required to take the test, the officer violated procedure. The defendant cannot be in violation of something they did not know about. This is why every aspect of the case must be carefully evaluated by your Minnesota DWI attorney.
You will need to discuss your rights with your lawyer because the same challenges can be made in the civil implied consent case that are present in the criminal case. The validity of the stop, of the arrest, your right to counsel, etc. are all issues that are present both in the criminal case and in the civil license revocation hearing. Only your attorney is going to be able to tell you if your rights have been violated and can file an implied consent petition on your behalf.
Any challenge to the Implied Consent License revocation must be filed within 60 days of the breath, blood or urine test result. If a judicial challenge is not filed within 60 days, the revocation becomes a part of a person’s driving record and cannot be erased even if the criminal case has been dismissed!! It is, therefore, very important to immediately hire an attorney to help with your DWI arrest and license revocation.
Contact Minnesota DWI Attorney F. T. Sessoms:
You do not have to face criminal or civil hearings on your own. Just because you have been arrested and feel the case against you is overwhelming does not mean you have to sit back and take it! You have rights and it is important to ensure those rights are defended. To make sure you are treated fairly in court and throughout the entire legal process, call Minnesota DWI Attorney F.T. Sessoms at 612-344-1505 for answers to all of your Minnesota DWI and Implied Consent questions.
