Minnesota’s implied consent law requires a driver to submit to chemical testing in the event that a police officer has reason to believe the individual may be operating the vehicle while under the influence of drugs or alcohol. Failure to comply with this law is a criminal offense in itself, and it will lead to the suspension of your driving privileges and other potential penalties. It’s something that is commonly invoked when an officer comes across an individual they believe to be driving under the influence.
However, does this same law apply to those under the age of 21? Does a 20-year-old or a 16-year-old have protection or immunity from an implied consent violation because they are not yet of drinking age? We explain how Minnesota’s implied consent law is applied to drivers under the age of 21 in today’s blog.
Implied Consent For Underage Drivers
The legal limit for driving with alcohol in your system in Minnesota is 0.08%, but that threshold does not apply to someone who is under the age of 21. Instead, they would be subjected to Minnesota’s “Not A Drop” law, meaning that registering any amount of alcohol in their system would be considered a violation. If alcohol is found in their system, even if they blow below a 0.08%, they can be charged with a misdemeanor offense and have their license suspended.
Because the Not A Drop law is in place and minors (in this context, anyone under the legal drinking age of 21) face additional requirements behind the wheel, are they also subjected to the implied consent law, or does that only apply to drivers above the age of 21? Under Minnesota law, the implied consent provision applies to any and all drivers, regardless of age.
While this may not come as a huge surprise, it does bring us to a conversation you’ll want to have with your children. Obviously you’ll want to discuss the importance of never getting behind the wheel if they have alcohol in their system before they turn 21 and keeping their BAC under 0.08% once they’ve hit the legal drinking age, but you’ll also want to talk about what they should do if they ever find themselves talking with police behind the wheel. Not only will they want to keep answers short and sweet and avoid sharing details that could incriminate them, but they also need to know that submitting to a breath or blood test may not always be the best option, even if it triggers an implied consent violation.
We’re not saying that it’s always right to submit or refuse a chemical test, but know that your child has options if they find themselves wondering what their next step should be. They are allowed to reach out to a lawyer prior to submitting to this test, and their lawyer may be able to provide some helpful advice in the moment. A refusal will trigger an automatic implied consent violation, but agreeing to this test may hand police all the evidence they need to earn a conviction, so know that they should take a moment to learn more about their options from a lawyer before proceeding.
Teens and young adults, if you find yourself wondering if you should submit to a breath test, let the officer know that you would like a moment to consult with your attorney before proceeding and then give the team at Appelman Law Firm a call. We’ll help you out the best we can, whether that’s with advice over the phone or meeting you at the station to ensure your rights are protected. For more information, or for help with a specific criminal matter, reach out to our team today at (952) 224-2277.
