Under Minnesota DUI law, many forms of conduct or inaction can be considered a refusal. A refusal encompasses situations where a driver verbally refuses to a blood alcohol test, but can also occur by conduct.
Moreover, refusal can be indicated by behavior even if a suspected drunk driver expressly professes consent to submit to a test. Accordingly, if a driver gives their verbal consent to test, but then engages in conduct that prevents or hinders a Minnesota DWI blood alcohol concentration test, the driver may be charged with refusal. Below, we give a few more examples of what constitutes a test refusal and the consequences for refusing a BAC test.
Examples of DUI Refusal
A few examples of refusal by conduct are:
- Belligerent behavior where suspected drunk driver did not listen to officer;
- Blowing around the mouthpiece of Intoxilyzer 5000 instead of into it;
- Failure to provide two adequate breath samples;
- Two separate tests wherein the breath test machine indicates a “deficient sample”
- Putting breath mints into mouth prior to test.
Moreover, prolonged silence by a suspected drunk driver after a police officer’s verbal request to test also may constitute a refusal.
It’s also worth noting that Minnesota DWI law states that a refusal followed by a change of mind will not require an officer to provide testing. The court has continually reaffirmed the rule that Minnesota drunk drivers are bound by their initial decision and that a change of heart does not require the officer to provide testing. An officer is not required to honor a driver’s consent to test after their initial refusal unless the subsequent consent (or change of mind) is immediate and does not unreasonably delay the administration of the test. It’s possible that an officer will allow you to take a breath test after an initial refusal, but you shouldn’t count on it, so don’t try to delay the process if you do intend to comply.
That said, taking a breath test isn’t always in your best interest, as you could be handing police all the evidence you need to convict you. If possible, contact a Minnesota DUI lawyer during the traffic stop to get personalized advice as to whether or not refusing the test would be in your best interest.
Minnesota DWI Test Refusal Attorney
The Edina DWI lawyers at Appelman Law Firm are familiar with the laws of refusal. Having successfully litigated a wide variety of Minnesota drunk driving offenses, the criminal defense attorneys at Appelman Law Firm are available 24/7 to assist you with any DWI law violation. Call us now at (952) 224 2277.
