DWI Test Refusal Defense Lawyer
Although field sobriety testing on the roadside is voluntary, submitting to a breath test at the station is mandatory. In fact, test refusal at the station is (at minimum) a gross misdemeanor carrying a possible punishment of one year in jail and a $3,000 fine, even if this is your first DWI. If you have three priors or a prior felony DWI, the refusal charge may be a felony.
The test refusal defense lawyers at Keller Criminal Defense Attorneys have over 35 years of experience defending clients against charges like these. Our law firm may be able to help you get your charges reduced or eliminated entirely.
We offer free consultations, so you have nothing to lose by giving us a call at (952) 913-1421.
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Do You Have to Take a Breath Test If You’re Arrested for DWI in Minnesota?
Understanding Minnesota’s Implied Consent Law
Under Minnesota’s “implied consent” law, you consented to chemical testing to detect the presence of alcohol or drugs when you began operating, or you took control of, a motor vehicle within the state or its boundary waters. As such, you’ve given law enforcement in Minnesota permission to conduct a test to see if you are under the influence of drugs or alcohol, assuming they have probable cause to ask you for a test. Providing your consent, although implied, and then retracting that consent when placed in a testing situation is a crime and will result in the revocation of your driver’s license for one year. This law applies to traditional motor vehicles as well as to boats, snowmobiles, and ATVs.
What Happens If You Refuse a Chemical Test for Alcohol or Drugs?
If you refuse to take a breath test, you may still be required to submit to a blood or urine test if the officer obtains a warrant. You cannot be penalized for refusing a blood test if law enforcement doesn’t have a warrant. However, refusing a breath test can lead to criminal charges separate from any DWI offense, which could result in fines, jail time, and longer license revocation periods.
Additionally, if you’re involved in an accident causing injury, death, or property damage, refusal to submit to testing may be used as evidence against you in court. Understanding your rights and the possible consequences of refusal is crucial when navigating Minnesota’s DWI laws.
If you were arrested on suspicion of DWI and law enforcement is asking you to submit to a chemical test, request to call our law firm right away. Experienced field sobriety test lawyers Max A. Keller and Barry Edwards will help you proceed in the way that is best for your situation.
What Are the Penalties for DWI Test Refusal?
In Minnesota, refusing to take a chemical test at the station after being lawfully arrested for suspicion of driving while impaired carries significant penalties.
For a first-time test refusal conviction, you could face:
- Gross misdemeanor (at minimum)
- Up to one year in jail
- Up to $3,000 in fines
- One-year revocation of your driver’s license
For subsequent refusals or DWI convictions, you could be looking at:
- Increased License Revocation: For multiple offenses, refusal can result in extended license revocation periods (e.g., two or more refusals can lead to a revocation for up to two years or longer).
- Longer Jail Time: Multiple refusals or offenses may result in longer jail sentences or mandatory penalties.
Test refusal is not a way to get out of a drunk driving arrest. If you refuse to take the required tests, even if blood and urine tests show that you are not intoxicated, you will still have your license revoked for at least one year because of the test refusal.
If it is shown that you are intoxicated, then you will not just have the test refusal to worry about. You’ll also have a DWI charge to contend with.
How to Defend DWI Test Refusal Charges in Minnesota
While test refusal at the police station can lead to serious consequences, there are several ways our experienced DWI attorneys may be able to challenge these charges.
Lack of Probable Cause
Improper Advisory
Confusion or Misunderstanding
Medical Conditions
Inability to Contact an Attorney
Involuntary Refusal
Challenging the Accuracy of Refusal Reports
Constitutional Violations
Necessity or Emergency Situations
Consulting with a Minnesota DWI defense attorney as soon as possible after your arrest is crucial to developing the most robust defense strategy for your situation.
At Keller Criminal Defense Attorneys, we have more than two decades of experience challenging DWI test refusal and other criminal charges. Our team will review your case, identify defenses that exist, and protect your rights and driving privilege
Don’t face these serious charges alone – contact us today for a free consultation.
Keller Criminal Defense Attorneys Gets Test Refusal Thrown Out For Client
Our client was charged with 3rd Degree DWI test refusal and 4th Degree driving under the influence. He did not consent to a urine or blood test. Keller Criminal Defense Attorneys pointed out that the request for a warrantless blood or urine test was unconstitutional. Keller Criminal Defense Attorneys was successful in the argument. The test refusal charge was dismissed.
FAQs About DWI Test Refusal in Minnesota
Is Refusing a Breathalyzer Worse Than Failing It in Minnesota?
Whether refusing a breathalyzer is “worse” than failing one depends on individual circumstances. Refusal at the station often leads to more immediate and severe consequences, particularly regarding license revocation. While failing a test provides concrete evidence for prosecution, it may also provide more opportunities for challenging charges in court.
Can I Still Be Charged With DWI if I Refuse a Chemical Test?
Yes, even if you refuse a chemical test in Minnesota, you can still be charged with DWI. Refusal leads to separate criminal charges, and you may face both test refusal penalties and DWI charges if there is other evidence indicating intoxication, such as erratic driving or behavior.
What Is the Difference Between a Field Sobriety Test and a Chemical Test?
A field sobriety test involves preliminary breath tests and physical tasks (e.g., walking in a straight line) to assess impairment, and it is voluntary in Minnesota. A chemical test (breath, blood, or urine) measures your blood alcohol concentration (BAC) and is mandatory under Minnesota’s Implied Consent law if requested after a lawful DWI arrest. Refusing a chemical test has more severe legal consequences than declining a field sobriety test.
Client Testimonials
I have been working with Max since January of 2023. I was short on cash, but I knew I needed a great attorney. Max was at the top of my list and first to call back. He allowed me to make a partial payment to get started, and he got right to work. I think I could write a book about the following year, but I’ll keep it short. Max got me the help I needed, to show the judge I deserved a second chance. The outcome was beyond anything I could have imagined. He helped me get my life back and I’ll be forever grateful. Max is passionate and has a fierce desire not only to win, but to help his clients succeed beyond their case. Thank you, Max.
Max is first and foremost compassionate and real.
He spoke hard truths when needed and listened openly as we moved through all of the emotions involved with our case. If you’re looking for a lawyer who is ethically grounded and a courtroom badass, connect with Max and his team.
