Anyone who operates or is in physical control a motor vehicle in Minnesota may be subject to a chemical test for the presence of alcohol and drugs, and may be charged with DWI test refusal if they refuse a formal breath test.
WHAT IS A DWI TEST REFUSAL IN MN?
There are two types of tests frequently administered by law enforcement, (1) elective field sobriety tests, and (2) mandatory chemical tests done after an arrest.
FIELD SOBRIETY TESTS:
Drivers suspected of driving while intoxicated are usually requested to submit to field sobriety tests after stopped by law enforcement. These investigative tests are conducted by law enforcement to bolster the evidence they may have against someone suspected of DWI. Field sobriety testing includes a preliminary breath test (“PBT”), and various other tests, many of which sober drivers would have difficulty completing successfully. Road-side field sobriety tests are ELECTIVE (not mandatory), and refusing to take these tests is not a crime.
MANDATORY CHEMICAL TESTS:
Anyone who operates or is in physical control a motor vehicle in Minnesota is subject to a chemical test to test blood, urine, or breathe (e.g. breathalyzer, ‘Datamaster′) to test for the presence of alcohol or drugs. Refusing to consent to a blood or urine test is not a crime. Never consent to law enforcement taking a blood or urine sample as those tests require a search warrant in the State of Minnesota.
However, you are required to submit to a formal breath test after an arrest based on probable cause for DWI or DUI. You may also required under MN law to submit to a chemical test if you refused a PBT or the PBT indicated .08 or more blood alcohol, or you were involved in a car accident that caused property damage, personal injury, or death. Unlike the PBT, these tests are typically administered at a jail or police station, as they are large computerized machines. This formal breath test is MANDATORY, and refusing to take this test is a basis for DWI test refusal charges.
Before the alcohol breath test is conducted, law enforcement must read a breath test advisory. This advisory informs you that refusing a breath test is a crime in Minnesota, and that you have a right to contact a lawyer before deciding whether to take the test. After the advisory, you are given an opportunity to contact a Minnesota DWI defense lawyer (Always contact a criminal defense lawyer when law enforcement tells you it’s your right!) If you are asked to submit to a breath test, you must submit two breath samples, and the officer does not need to offer you an alternative test. However, you are allowed have a private blood alcohol test conducted if you make the request.
CALL 612-747-2254 NOW TO SCHEDULE A DEFENSE CONSULTATION
If you have been charged with DWI breath test refusal contact Minnesota DWI lawyer Coley Grostyan today at 612-747-2254. Coley Grostyan represents individuals charged with DWI test refusal, and all other impaired driving related charges in the Twin Cities Minneapolis/St. Paul Area, and all across the State of Minnesota.