It sounds like you submitted to a blood or urine test. If so, the police and prosecutor often will wait to receive the results of the test before you get a court date. Usually, it takes the police and prosecutor 3 to 4 weeks to receive the results of a blood or urine test back from the crime lab. If the test result comes back over the legal limit, you eventually will be mailed a court date. In addition, the Minnesota Department of Public Safety would mail you a notice of license revocation,...
The PBT of 0.163 is not the official test. After arrest, most people take the DataMaster breath test at the police station or jail facility. If he took that test or was charged with test refusal, then the license revocation starts one week after the incident happened. If he took a blood or urine test, then the license revocation won't start for a few weeks. Your husband should avail himself of a free consultation to figure out his options. A person ordinarily has 30 days from the date of the...
Multiple tests can be administered if there are problems getting a valid test sample. Unless the defendant revokes consent for the second test, it will be deemed consensual. If consent were revoked, the police would charge the defendant with test refusal.
It will take 3 to 8 weeks to find out the blood test result. If the reading is over the limit, Driver and Vehicle Services will mail you a letter to the address on your license, indicating the commencement of license revocation.
I agree with Brent. The prosecution has up to three years to file charges. Post driving consumption of alcohol is an affirmative defense. If court administration mails you charges and a notice to appear, then you should retain an attorney.
A stay of imposition is considered a felony conviction until the defendant has completed the probationary term successfully, and at that point, the offense level is reduced to a misdemeanor on one's long-term record. Thus, a person is considered a convicted felon while on probation. Such a person cannot vote, hold public office, or possess a firearm, among other restrictions. After completing probation, certain civil rights will be restored.
Ethan is right. Your husband must complete successfully at least 3 years of ignition interlock where the first year is limited driving privileges. For the guidelines, see https://dps.mn.gov/divisions/dvs/programs/mn-ignition-interlock/Documents/Ignition-Interlock-ProgramGuidelines.pdf.
The 0.073 reading sounds like the control sample. That's not your breath sample. Your reported alcohol concentration should be 0.08 based upon what you've written.
Consult with one or more lawyers and learn your options for fighting these charges.
The urine test will determine your official alcohol concentration. The test result will not be available for three or four weeks. You cannot lose your driving privileges until and unless the result is .08 or more. If the test result is 0.08 or more, the Minnesota Department of Public Safety will mail you a letter notifying you of license revocation. Usually, it takes 4 to 8 weeks from the day of arrest to receive the letter. It will be sent to the address on your driver's license regardless of...