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DWI/DUI: Implied Consent in Minnesota Unconstitutional - Impacts Minneapolis & Hennepin County Cases. 
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When the  Minnesota Supreme Court decided the case of Feduziuk v. Commissioner of Public Safety on May 19, 2005, Minneapolis DWI and DUI lawyers took particular note.  The case has had a significant impact on the DWI laws generally, but in Minneapolis and Hennepin County particularly. 

In Fedzuik, the Supreme Court of Minnesota struck down the DWI and DUI laws as unconstitutional and violating Due Process since they did not allow driver's whose licenses were revoked for a DUI to challenge that revocation by having a hearing within 60 days of their Petition for Review. 

Why this is particularly critical to Minneapolis DWI lawyers and DUI cases is that in Hennepin county, including Minneapolis and its surrounding suburbs, the court has implemented a system where  a criminal case must be completed before an Implied Consent revocation resulting from the DWI can be scheduled. This almost inevitably places the hearing outside of 60 days required by Fedzuik.  As a result, Minneapolis and Hennepin county DWI and DUI lawyers are quickly filing their requests for Judicial Review of license revocation as soon as possible for cases in Hennepin County.  The end result is a rescission of the license revocation and an erasure of the Implied Consent violation on the driving record.  

In Fedzuik, a driver who received a DWI and who had her license revoked under Minnesota’s Implied Consent Laws brought an action against Commissioner of Public Safety seeking declaration that Implied Consent Law unconstitutionally violated procedural due process. Specifically, the driver challenged changes in the Implied consent law that occurred in 2003 and which eliminated the requirement that a judicial review of any prehearing suspension of a driver's license be held at the earliest practicable date, and in any event, no later than 60 days following the filing of the petition for review.

The Supreme Court agreed stating that the prehearing revocation procedures of Implied Consent Law, which did not provide for prompt and meaningful review of driver's license revocations, violated due process.

The significant impact of this ruling on Hennepin county and Minneapolis DWI and DUI cases continues to this day.  A DWI that occurs in Minneapolis or the surrounding Hennepin County suburbs still falls into a system that rarely allows the Implied Consent Judicial Review Hearing to occur within 60 days.  As a result, any person with a DWI in Minneapolis or surrounding suburbs would be well advised to immediately seek a review.  In Hennepin county and Minneapolis,  the end result is a reinstatement of the driving privileges and an elimination of the Implied Consent violation appearing on your  driving record. 

If you are seeking a DWI lawyer for representation in Hennepin County, Minneapolis or its surrounding suburbs, please call us at 612.240.8005

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