As we’ve talked about numerous times on the blog, drivers in Minnesota are subject to Implied Consent laws when they are on the road. Implied Consent essentially states that drivers who choose to operate a vehicle on Minnesota roads consent to a chemical test to determine their blood alcohol concentration if a police officer has probable cause to believe they are driving under the influence. By holding a license and driving on the road, you inherently agree to this law.
However, you may still decide when the time comes that you aren’t going to submit to a breath test for one reason or another. Perhaps you are afraid that providing a sample will only provide more evidence for the state, or it will suggest that you could face an upgraded DWI charge because of an elevated BAC. You have the right to refuse to submit to testing, but know that it comes with a price. Refusal will be considered an Implied Consent violation. This is a gross misdemeanor violation that will bring with it its own set of consequences, including an immediate license suspension for one year. Refusal may end up being the right choice for your unique situation (and we recommend contact an attorney for advice prior to making a decision in regards to submitting to a BAC test), but many people wonder if their decision to refuse a BAC test can be used against them during that DWI case. We answer that question in today’s blog.
Can Test Refusal Be Used During My DWI Case?
Perhaps the most common reason why someone would refuse to submit to a roadside sobriety test is because they believe doing so would hand police evidence that would then be used to convict them. Although refusal comes with its own set of consequences, perhaps a refusal is their best chance at winning their original DWI case (or at least avoiding a worst case scenario). They think that if they don’t provide any physical evidence, the police won’t have much to prove their case.
While this could certainly help in specific instances, we want all prospective clients to realize that a refusal is not handled like invoking your fifth amendment protections are in the court of law. With the fifth amendment, you have the right to avoid self-incrimination. You can essentially opt to stay silent and avoid self-incrimination, and here’s the best part – your silence cannot be used against you in the court of law. A prosecutor can’t take the stand and say that your silence is a clear sign that you are guilty.
Implied consent violations are not handled in the same manner. Although a prosecutor may not be able to point to a specific BAC reading during your DWI, they can and will bring up your test refusal in order to strengthen their case. Prosecutors are allowed to enter a test refusal as part of evidence against your sobriety during a DWI case. So if you assume that test refusal will stonewall the prosecution, know that not only will they have other ways to prove that you were under the influence, but the refusal itself will likely be used as proof that you were illegally operating a vehicle under the influence.
Again, we can’t say that it’s always best to submit or refuse testing, but just know that a refusal can be used as evidence in your DWI case.
For more information, or for help with a different criminal matter, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
