If a driver is arrested for drunk driving, the Minnesota Implied Consent Law dictates the procedure police must follow in order to request a blood alcohol concentration test from the drunk driver. Minnesota DWI law requires drivers to submit to breath, blood or urine tests to determine their blood alcohol concentration. Refusing to take a blood alcohol test is a crime in and of itself. Refusing the test may still be in your best interest if you know that you’ll be over the legal limit, but know that refusing comes with its own set of consequences.
What Constitutes BAC Test Refusal?
Minnesota DWI law states that a refusal occurs when a police officer has probable cause to believe a driver is driving, operating or in physical control of a motor vehicle while under the influence of alcohol, and the driver does not acquiesce to a legal blood, breath or urine sample collection. This may differ from state to state, so be sure to refer to a local law firm for advice.
Most DWI encounters begin when a police officer stops the vehicle of a suspected drunk driver. The officer then begins their investigation and determines if there is some reason to believe the stopped driver is intoxicated. They’ll be looking for physical indications, like bloodshot eyes, the odor of alcohol or slurred speech during their interaction with the driver to get the necessary probable cause.
If they suspect that the driver is under the influence of alcohol or drugs, the officer will arrest the driver for a violation of Minnesota DUI law and transport the drunk driver to the police department or testing facility. The officer will read the Minnesota Implied Consent Advisory to the suspected drunk driver. The Minnesota Implied Consent Advisory informs the driver of their obligation to submit to a blood alcohol test, that refusal is a crime and that prior to making a decision about testing they have a right to contact an attorney.
At this point, the arrested drunk driver has the obligation to provide a sample of their blood, breath or urine. The driver, either through their conduct or inaction can be cited for a Minnesota DUI offense or “refusal to submit to testing” if they fail to submit to testing.
Contact A Minneapolis DUI Lawyer
The Minnesota criminal defense attorneys at Appelman Law Firm cannot advise any driver to refuse to submit to the state’s test. We are concerned with your specific circumstances and will appraise them when called upon. Appelman Law Firm has DWI lawyers available 24/7 for immediate consultation. If you, a family member or friend are in need of emergency assistance, do not hesitate to contact one of our drunk driving lawyers now at (952) 224 2277.