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Can I refuse an alcohol test if I am pulled over in Minnesota?
Question:
Can I refuse an alcohol test if I am pulled over in Minnesota?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
If you are pulled over, Minnesota DUI laws include laws called "implied consent" which means that when you got your Minnesota drivers license, it was implied that you gave your permission in advance to submit to any alcohol or drug testing that is requested when you are suspected of driving under the influence. When you fail to comply with a law enforcement officer's request that you submit to a breath, blood or urine test to detect alcohol levels, you have violated the implied consent law.
Even if this is the first time you have ever been pulled over and asked to submit to an alcohol test, if you refuse the consequences are quite serious. First time offenders will have their licenses revoked for one full year. When you violate the implied consent law and have your license revoked, you are allowed to attempt to get a limited license/work permit so that you can legally drive to and from work. This license also allows drivers to drive back and forth to college, to and from any alcohol or substance abuse treatment you are receiving and to drive a family member for their educational or health needs.
You do not automatically receive this privilege. First you have to pass a written test of the material in Chapters 7 and 8 of the drivers manual, in order to demonstrate your knowledge of Minnesota drunk driving laws. Next, you have to pay a $680 reinstatement fee and you have to supply the name and address of your job, school or treatment program. You are only eligible for this program if there are no other revocation penalties assessed against you during this period.
If you have been pulled over for drunk driving in Minnesota, contact an experienced defense attorney as soon as possible. You can lose more than your license for drunk driving related offenses.
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