If you are arrested for a Minnesota DWI, you will be required to take a test to determine your BAC (Blood Alcohol Concentration) level. A police officer can only demand a test when there is probable cause to believe that you are under the influence of alcohol while driving.
If an officer asks you to take a test to determine your blood alcohol content, it will be by testing one of the following:
It is the officer’s decision which of the three tests will be offered, not yours. In Minnesota, it is considered a crime for someone to refuse to take a breath test. However, it is legal for someone to refuse either a blood or urine test as long as they do not refuse both. In other words, you can legally refuse to take a blood test, but then you must submit to a urine test, or vice versa.
Each of the three tests can give flawed results for multiple reasons. In order for there to be a valid sample, officers must follow specific procedures to ensure that each test gives an accurate result. Observation periods and collection procedures can be extremely important in determining if the test was given correctly. If police do not follow the correct procedures while obtaining your BAC level, the results of the test may be invalid.It is important to have a Minnesota drunk driving attorney who is knowledgeable about the different tests and procedures to help you determine if your blood alcohol content test results are accurate, or if they can be challenged in court.
Refusal to Take BAC Test .