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 or drugs, and may be charged with gross misdemeanor DWI test refusal if they refuse a test. Additionally, refusing a blood alcohol test may result in losing driving privileges for one year.
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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. Field sobriety tests are not mandatory, and refusing to take these tests is not a crime.
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. Blood and rine tests require a search warrant. However, if asked to submit to a breath test, refusing to take a breath test test is a basis for gross misdemeanor DWI test refusal charges.
You are required to submit to a breath test after an arrest based on probable cause for DWI or DUI. Before the blood alcohol test is conducted, law enforcement must read an breath test advisory informing you that refusing the breath test is a crime. After this advisory you are allowed to contact a Minnesota DWI defense lawyer. You are 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.
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 test conducted if you make the request.
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.