Can I Be Punished For Refusing The Breath Test?
Minnesota is an implied consent state. That means if you drive on Minnesota roadways, you are deemed to have given your consent to a breath, blood or urine test to determine if you are impaired or under the influence of alcohol or drugs if one is requested of you by law enforcement. The police do not have to have a warrant to conduct this “search” or test.
If you refuse to give a sample – you refuse to blow – you can be charged with a crime, a violation of Minnesota Statute § 169A.51. This is entirely separate from a DWI charge if you are in fact arrested and charged with impaired driving. Yes, you read that correctly. You may be facing two separate charges if you 1- refuse to blow and 2- are charged with driving while impaired.
A test refusal can mean up to a year in jail, a $3,000 fine and/or the loss of your driver’s license. This is a gross misdemeanor and should not be taken lightly. Call Davis Defense at (952) 994-1568 today if you’ve been charged with DWI test refusal today. You can also reach our DWI lawyer online.
Will My DWI Charge Be Dismissed If I Wasn’t Warned About The Implied Consent Law?
Minnesota law attempts to offer some protections to unknowing drivers who are stopped on suspicion of impaired driving. An officer is required to warn you that:
- You are required by law to agree to the breath, blood or urine testing, and
- Refusal of the test is considered a crime
You do have the right to speak with an attorney — and we highly recommend that you do so before admitting to any facts, ever — but you are not allowed to delay the testing while you seek legal advice.
If you are not provided the proper warnings regarding breath test refusal, you may have grounds to contest any punishment related to the refusal. DWI defense lawyer Andrew Davis can discuss any questions about this with you. The time to fight a refusal charge or a DWI charge, however, is not during the stop. The time to fight is after you are released. Do not make things more difficult on yourself by being difficult with the cops.
If You Refused To Blow, You Should Call Us Now
Call Davis Defense today at (952) 994-1568 if you’ve been charged with violating the implied consent law. Attorney Andrew Davis offers a free consultation and an honest assessment of your chances of beating the charges you face. You can also reach our law firm online.