Q: recently lost my DL due to test results that came back positive, what is the next step to getting my license reinstated?
I was parked in a gas station parking lot when an officer pulled in behind me activating his lights, he claimed he was pulling me over for a loud muffler. I did in fact have an exhaust leak. The officer stated my eyes were red ( explained due to the exhaust leak) he asked me to take a field sobriety test which I did and I passed. another officer felt my pulse, saying because it was higher than the average person he believed I was under the influence. Which i explained was due to my heart condition. So without permission the officer searched my vehicle, without probable cause or warrant, which they found Para in my car. One officer handed other officer who was typing up a probable cause report for a warrant for my blood, what he found and stated " this should help you get a warrant." I was not arrested, brought to the hospital, took my blood and released me. I have not been charged but I lost my license. Is an implied consent hearing my next option or how do I go about getting it back?
A: If police give a person an administrative Notice of Revocation of driver's license, then it's important to file an "implied consent" court challenge to it, within the 60 day time limit (or it will be forever barred). However, most will want to do so ASAP, since the sooner the challenge, the sooner their license will be restored, should they win. In many counties in Minnesota, it may be possible to get a temporary reinstatement of the driver's license, if and after an "implied consent" petition is filed with the court. (This is another reason people tend file quickly.) It's usually also possible to get driving again with a Minnesota limited license conditioned upon the Ignition Interlock program, compliance. Although it's theoretically possible for a person to serve and file an "implied consent" Petition, in real life close to 100% will use a lawyer to help do that. So the next practical step is to retain a DWI defense attorney, and take it from there.
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