Under MN 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. 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.
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”; or 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.
Further, MN 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.
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 MN criminal defense attorneys at Appelman Law Firm are available 24/7 to assist you with any MN DWI law violation. Call us now at (952) 224 2277.
