Minnesota’s Double-Barrelled Implied Consent Law: A 1983 Update of “Analytical Study of the Legal and Operational Aspects of the Minnesota Law Entitled ‘Chemical Test for Intoxication’”(DOT HS 806 170) by Robert H. Reeder

Lowery, Forst · 1983 · ROSA P / United States. National Highway Traffic Safety Administration

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Summary

This report updates the 1981 analysis of Minnesota’s “double-barrelled” implied consent law, examining its legal and operational aspects following significant amendments enacted in 1982. The study addresses the need for prompt administrative driver license revocation to deter drunken driving, a problem exacerbated by plea bargaining in criminal courts which often resulted in convictions for offenses that did not trigger license revocation. Minnesota’s system, unique at its 1976 inception, operates on two parallel tracks: an administrative track for immediate license revocation and a separate criminal track for prosecution. The administrative track revokes licenses for either refusing a chemical test or for a test result showing an alcohol concentration of 0.10 or higher, independent of the criminal case outcome. The methodology involves a detailed narrative description of the operational procedures, legal frameworks, and statistical analysis of apprehension and revocation data from 1982 and 1983. The report analyzes the impact of the 1982 amendments, which shortened the temporary license period from thirty to seven days, made the temporary license non-renewable, and established two avenues for review: administrative review by the Department of Public Safety and judicial review. The study also reviews the Minnesota Supreme Court decision in *Heddan v. Dirkswager*, which upheld the constitutionality of the 1982 statute. Data comparisons include Peace Officer’s Certificates filed versus DWI charges reported, highlighting discrepancies due to reporting methods and the independence of the administrative track. Key findings indicate that the administrative revocation system operates independently of criminal charges, with 33,323 Peace Officer’s Certificates filed in 1982 compared to 28,048 reported DWI charges. The report details the procedural steps for officers, including the issuance of a seven-day temporary license and the immediate effect of revocation, which is not stayed pending review. The 1982 amendments successfully reduced delays in revocation while maintaining due process through prompt administrative and judicial review mechanisms. The administrative review process, conducted by trained driver safety analysts, provides a speedy remedy for obvious errors within 15 days, while judicial reviews are scheduled within 10 to 40 days. The significance of this report lies in its conclusion that a two-track DWI control system enhances deterrence by ensuring swift and certain penalties. By decoupling license revocation from the criminal justice process, the system prevents drivers from avoiding sanctions through plea bargaining or legal delays. The report suggests that this approach, which was adopted by numerous other states following Minnesota’s lead, effectively removes unsafe drivers from the road promptly, thereby increasing the perceived risk and severity of penalties for drunken driving. The study serves as a comprehensive guide for understanding the operational and legal efficacy of administrative license revocation laws in combating alcohol-impaired driving.

Key finding

Minnesota's two-track DWI control system employing prompt administrative license sanctions alongside conventional court action enhances deterrence through more certain, swift penalty, perceived by drivers as severe.

Methodology

review

Provenance

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Topics

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• dui enforcement
• drowsy as impairment