Minnesota DWI Test Refusal Defense
If you have spent even a small amount of time either watching crime dramas on television or going to the multiplex to watch feature length films of the same genre you have at least a basic understanding that you have certain constitutional rights when it comes to being charged with a crime.
One of the most significant and long-standing of these rights is one that protects you from self incrimination. In other words, you cannot be made to confess or admit guilt to any crime that you are alleged to have committed. This includes a situation in which you have been pulled over by the police based upon their observation that you might be driving while intoxicated. However, this does not mean that you can refuse to take a sobriety test or alcohol concentration test and not suffer consequences.
Understanding Sobriety Tests and Your Rights
Although we can only provide you limited information through the materials on our website, it is important that you do understand that if you are pulled over by the police under suspicion of driving while intoxicated you have given your implied consent to submit to certain sobriety tests when you are issued a driver’s license. While you have the ability to withdraw that consent, as a consequence of doing so you will usually give an officer the legal right to arrest you for DWI and take you to the police station or jail for official alcohol concentration testing. If you also refuse to submit to the official alcohol concentration test by breath, blood or urine, you will be subject to a license revocation for one year.
Historically, the best evidence that you were operating a motor vehicle while intoxicated or under the influence would be the result of a breath, blood or urine test. However, with that said, by refusing these tests you will face a more serious crime of test refusal, or you could still be prosecuted for DWI or DUI without an official test record. Other types of evidence that can be used against you in these cases including the testimony of any police officer involved in pulling your automobile over in the first instance.
You do need to understand that you are entitled to consult with an attorney before you undertake any of the official alcohol concentration tests that have been discussed in this section of our website. Indeed, prior to being administered a breath, blood or urine test a person suspected of DWI has to be read what is know as the Implied Consent Advisory (“ICA”). This advisory sets forth that a driver has given consent to the testing by obtaining a driver’s license (the testing is mandatory in that sense), test refusal is a crime, and that a driver has the right within reason to consult with an attorney prior to taking the test. Learn more about implied consent.
Obtaining Powerful Representation in a Test Refusal Case: Selecting a Minnesota DWI Lawyer
It is important to note that the materials that are presented for your consideration on the pages of this website are for informational purposes only. If you have specific questions about your case or require legal representation in regard to a driving while intoxicated case – including a case involving test refusal – you need to make contact with a qualified and experienced Minnesota DWI attorney. The attorneys at our firm stand ready, willing and most able to assist you in regard to DWI or related charges that you may be facing.
You need to have a Minnesota DWI lawyer with a demonstrated track record in representing clients in every possible scenario of DWI and test refusal. Again, you will be able to access such powerful professional legal representation through the attorneys at Meaney & Patrin.
We are available to meet with you at your convenience to discuss your case and the charges you are facing. Please call our offices at 612-223-6595. We will be happy to provide you with an initial consultation at no charge to you.