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Can you refuse a DWI test in Minnesota?

On Behalf of | Feb 4, 2025 | Refusal DWI

Getting pulled over on suspicion of driving while intoxicated (DWI) can be unsettling. One of the pressing questions you might face is whether you can refuse to take a sobriety test. In Minnesota, test refusal rules are unique and have significant implications.

In Minnesota, having a driver’s license means you have given your implied consent to submit to specific sobriety tests if lawfully arrested for DWI. This includes breath, blood, or urine tests to determine blood alcohol concentration (BAC). Although you can refuse these tests, this decision can come with penalties.

Consequences of test refusal

Minnesota law treats test refusal as a serious crime. If you refuse, your driver’s license will be automatically revoked for at least one year, regardless of the outcome of any DWI charges. This administrative penalty is separate from any criminal charges you might face.

Weighing your options

While it might seem tempting to refuse a test, especially if you believe the results could be incriminating, consider the implications carefully. A test refusal charge is a gross misdemeanor, carrying penalties more severe than a typical first-time DWI offense. For some first-time offenders, especially those who suspect their BAC might be over 0.16%, refusing the test might result in more favorable driving privilege outcomes.

Before deciding whether to refuse a test, you are entitled to consult with an attorney. This is a critical step, as a lawyer can help you understand your rights and the potential outcomes based on your situation. The Minnesota Implied Consent Advisory reads to you before the test and informs you of this right.

Aggravating factors

Several factors can influence the severity of penalties associated with test refusal. These include having a passenger under 16 in the vehicle or prior impaired driving incidents. Such aggravating factors can elevate the seriousness of your case and lead to harsher consequences.

Refusing a DWI test in Minnesota is a decision that carries significant legal consequences. While you can refuse, doing so triggers automatic license revocation and potentially more severe penalties than a standard DWI charge. Understanding your rights and options is essential; consulting with a legal professional can provide valuable guidance. If you find yourself in this situation, seek legal advice promptly to make an informed decision that best protects your interests and future.

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