Should You Refuse to Take a Blood, Urine, or Breath Test?

As a criminal defense attorney in Minnesota, I am often asked whether one should refuse to take a blood, urine or breath test after being pulled over by a police officer. In Minnesota, refusing to take a blood, urine or breath test has serious consequences. Under our law, refusal to take a test following an arrest for drunk driving is a separate criminal offense. If you are stopped by a police officer for possible DWI and refuse to take a such a test, the law allows the court to revoke your drivers license for up to one year. The court can do this regardless of whether you are ultimately convicted.

The Law

Minnesota Statute 169A.51, Subdivision 1, it is a crime for "any person who drives, operates, or is in physical control of a motor vehicle within this state or on any boundary water of this state" to refuse to take "a chemical test of that person's blood, breath, or urine for the purpose of determining the presence of alcohol, a controlled substance or its metabolite, or a hazardous substance."

Minnesota Statute 169A.51, Subdivision 2, states that at the time a test is required, a person must be formed (1) the law requires the person to take a test to determine whether they are under the influence (2) refusal to take a test is a crime (3) if the peace officer has probable cause to believe the person has violated the criminal vehicular homicide and injury laws, that a test will be taken with or without the person's consent; and (4) that the person has the right to consult with an attorney, but that this right is limited to the extent that it cannot unreasonably delay administration of the test.

If you or someone you know has been stopped by a police officer and have already refused to take a test, do not despair. An experienced Minnesota DWI/DUI attorney may be able to assist you in retaining your license.