If you have watched crime dramas on television or seen films in the same genre, you understand that suspects have constitutional rights when charged with a crime.
One of the most important and long-standing of these rights prevents you from being compelled to incriminate yourself. In other words, you are not allowed to confess or admit guilt to any crime for which you may be charged. This refers to when the police pull you over because they believe you’re driving while intoxicated, for example. However, this does not guarantee that nothing will happen to you if you refuse a sobriety test or an alcohol concentration test.
In Minnesota, refusing official blood, breath or urine tests is a crime if you’re arrested on suspicion of DWI / DUI. There are many gray areas surrounding the law – misconceptions about how the crime is committed, what penalties are associated with it, and whether there are ever any benefits to refusing a test in Minnesota. The confusion has gotten so out of hand that even people who enforce the law (attorneys, prosecutors, judges) don’t understand all aspects of it.
Understanding Sobriety Tests and Your Rights
Although we can only provide you with limited information via our website’s materials, you must be aware that if the police stop you under suspicion of driving while intoxicated, you have given your implied consent to submit to specific sobriety tests when you obtain a driver’s license. While you can withdraw your consent, doing so typically confers on an officer the legal right to arrest you on suspicion of DUI and transport you to a police station or jail for official alcohol concentration testing. You will be fined $1,000 if you refuse to submit an official alcohol concentration test by breath, blood, or urine.
If you refused a breath, blood or urine test in the past, that would be the best evidence against you to show that you were driving while intoxicated. However, by refusing these tests now, you will face an even more severe crime of test refusal. Or, without an official test record, you could still be prosecuted for DWI or DUI based on other types of evidence, which include the testimony of any police officer who was present when your car was pulled over initially.
Penalties for Refusing a Chemical Test
If a person in Minnesota refuses a chemical test, they may face criminal and administrative penalties. According to state law, the officer must report the refusal to the commissioner of public safety and the authority handling DWI cases.
If you refuse a DWI test, it is classified as a third-degree DWI, which is only a gross misdemeanor. The maximum sentence for this involves one year in jail and a $3,000 fine. However, other potential penalties exist, such as losing your vehicle rights.
The refusal to take a DWI chemical test can have severe consequences, but with the help of an experienced attorney, you can protect your future. St. Paul’s criminal defense attorney has years of experience as a prosecutor and is passionate about helping his clients defend themselves against these harsh accusations.
Contact Devore Criminal Defense Attorney for DWI Test Refusal
To Contact Devore Criminal Defense Attorney, please call us at 651-435-6500, or you can visit our office at 724 Bielenberg Drive, Suite 110, Woodbury, MN 55125.
Posted 29th September 2022 by DeVore Law Office