If you are arrested for a Minnesota DWI, you will be required to take a test to determine your blood alcohol concentration (BAC). 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. Below, we talk more about BAC tests, whether or not you should submit and how they can impact your DUI case.
BAC Test Types
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. It is a crime in and of itself to refuse to submit to a breath test or both blood and urine tests if you are suspected of driving under the influence, but that doesn’t mean you should always submit.
If you know that you are over the legal limit, you’ll be handing police even more evidence to convict you of DUI. However, you may still end up with a DUI and additional refusal charges, so it’s a sticky situation. If possible, you may be able to contact a lawyer within a reasonable amount of time before deciding whether or not to submit to a test. They can provide some advice based on the limited information you provide, which can prove helpful down the road. Check out this video for some more information about BAC tests and refusal.
Bloomington DUI Lawyer
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.
If you have been charged with drunk driving, it is imperative that you have a Minnesota DUI attorney review the facts of your case and the evidence against you to ensure everything was collected legally and correctly. Attacking the BAC test is just one of the ways we go to work defending clients charged with DUI, and we’d be happy to provide you with an aggressive defense based on the facts of your unique situation. For more information, or to set up a free case review, click here or give us a call today at (952) 224-2277.