Implied consent — Minnesota Permit Test

Implied consent on the Minnesota permit test — 6 rules, each with the reason behind it and a question on it while it is fresh.

The rules

If an officer has probable cause to believe you are impaired and in physical control of a vehicle, you must submit to a blood, breath or urine test.

The license comes with the agreement to be tested, which is what implied consent means.

If a law enforcement officer has probable cause to believe you are impaired and are operating or in physical control of a motor vehicle, you must submit to a test of your blood, breath or urine.

Minnesota Driver’s Manual, p.91

Refusing the test is a crime and revokes driving privileges for one to six years, depending on the offenses on record.

Refusing carries its own penalty so that saying no is never the cheaper option.

Refusing to take this test is a crime and will result in a revocation of driving privileges for one to six years, depending on the number of offenses on record.

Minnesota Driver’s Manual, p.91

A roadside preliminary screening device is a pre-arrest breath test whose results have limited use as evidence in court.

It is an indicator for the officer rather than proof, which is why a second test follows an arrest.

This pre-arrest breath test is used as an indicator of your alcohol concentration level, and the results have limited use as evidence in court.

Minnesota Driver’s Manual, p.91

After an arrest you will be required to submit to a blood, breath or urine test that can be used as evidence.

The second test is the one that goes to court, taken where it can be done properly.

If you are arrested, you will be required to submit to a blood, breath or urine test that can be used as evidence.

Minnesota Driver’s Manual, p.91

An officer may ask for a test when you are under arrest for DWI, refuse or fail a pre-arrest breath test, or are in an alcohol-related crash causing injury, damage or death.

Four situations, and a crash with injuries is one of them whatever the driver says.

Are involved in an alcohol-related crash that caused personal injury, property damage or death.

Minnesota Driver’s Manual, p.91

The pre-arrest breath test can help a driver who appears intoxicated but is not, since some medical conditions look like intoxication.

A diabetic emergency can look like drunkenness, and the test is what separates them.

The pre-arrest breath test can be beneficial to you if you appear intoxicated but are not.

Minnesota Driver’s Manual, p.91

On the test

What must a driver do when an officer has probable cause to believe they are impaired?

Submit to a blood, breath or urine test. The license comes with the agreement to be tested, which is what implied consent means. Minnesota Driver’s Manual, p.91: “If a law enforcement officer has probable cause to believe you are impaired and are operating or in physical control of a motor vehicle, you must submit to a test of your blood, breath or urine.”

How this works

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Where these come from

Every rule here is checked against Minnesota Driver’s Manual, published by the Minnesota Department of Public Safety, and against the state code itself. Last checked 2026-09-22.