Implied consent challenge

You do have the right to challenge the revocation of your driving privileges. A judicial challenge generally must be filed within 30 days of the date you are handed the notice of revocation (or 33 days from the date it was mailed to you). The implied consent revocation is independent of any criminal charges – you cannot simply wait to see what happens in your criminal case. If you miss this deadline, you will probably be stuck with the implied consent revocation, even if you are never charged or beat the criminal case against you.

A petition for judicial review must be filed with the district court and copies must be served on both the Commissioner of Public Safety and the Attorney General’s Office. By statute, the petition must specify the issues to be raised. The filing fee varies by county, and is about $330. In most cases, filing the petition will not have an immediate impact on your license. However, in some counties and under some circumstances, it is possible a judge would issue a stay order, putting the revocation on hold until your case is resolved.

After your petition for judicial review is filed, a hearing will be scheduled. The hearing is generally within 60 days of filing of the petition, except in Hennepin and Ramsey counties. At the hearing, an Assistant Attorney General will present testimony and evidence to show the judge that the revocation order is proper. You or your attorney will have the opportunity to cross examine (question) those witnesses, and to present additional witnesses and evidence. The parties will then make arguments, either orally or in writing, explaining why they think the judge should either affirm (uphold) the revocation, or rescind (cancel) it. The judge may announce a decision immediately after the hearing, or may take the matter under advisement.

If you lose your implied consent case, you do have the right to appeal. An appeal must be filed within 60 days of receiving notice of the judge’s order.

Have questions about Implied Consent? Contact us today at 612-333-7309 to discuss your case.

If you are facing a criminal charge, you need professional, personal representation. Our team of attorneys will offer you Straight Talk and Honest Answers about your case.

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This website is designed for general information only. Nothing on this website should be construed as formal legal advice nor the formation of a lawyer-client relationship.

Law Offices of F. Clayton Tyler | TriTech Office Center | 331 Second Avenue South, Suite 230 | Minneapolis, MN 55401

612.333.7309  |  1.888.333.7309