What Happens if You Refuse a Test in Minnesota?
Implied Consent is often a misunderstood concept as it relates to DWI/DUI in Minnesota. By driving, operating, or being in physical control of a motor vehicle, you have legally consented to the chemical testing of your blood, breath, or urine if you are pulled over by a law enforcement officer who has probable cause to believe that you are driving while impaired by alcohol or drugs. It should be noted that if the officer wants to take a blood or urine test, a search warrant is usually necessary. By refusing to allow a test to proceed, you will be charged with test refusal and your license will be revoked.
At Loftness Law Office, P.A., in Shakopee, I provide experienced representation to individuals in the southwest metro and surrounding communities who face charges related to a DWI test refusal. I focus on resolving the criminal, administrative and collateral consequences my clients face as a result of a DWI or test refusal arrest.
The Consequences of a Test Refusal in Minnesota
Refusing a blood, breath, or urine test can result in a minimum civil penalty of a one-year driver’s license revocation period in addition to the penalties for a DWI, which may be separately charged along with the charge for test refusal.
When necessary, I focus on negotiating charges down to the minimum in order to mitigate the serious consequences facing my clients. Note that it may be possible to challenge whether your actions constituted a refusal under Minnesota’s implied consent laws, so it’s important to discuss the facts of your case with an attorney right away.
Talk to an Attorney About Your Test Refusal
If you have refused a sobriety test, you must act quickly to have a chance at safeguarding yourself against the more severe consequences. The first step is speaking to an experienced lawyer. Contact me to arrange a consultation to discuss your defense options. You can reach me by phone at 952-641-7485 or through my website.