No one expects to be pulled over for suspected DWI. But if it happens, it helps to be prepared.

Minnesota has an implied consent law, which means that if you are lawfully stopped by a police officer who has probable cause to believe you were driving while intoxicated, you automatically consent to taking a blood, breath or urine test to determine your blood alcohol content (BAC).

"Really?"

Yes, but you still have rights. The arresting officer will likely ask you for field tests at the scene and, depending on the results, arrest you.

The results of those tests can serve as probable cause to perform more invasive blood and/or urine testing. At that point, they must inform you of your right to an attorney.

"What if I refuse the test?"

If you refuse, you'll automatically get slapped with a driver's license revocation of at least one year.

"Ouch! So I totally blew it by refusing the test, didn't I?"

Not exactly.

After your DWI arrest, our experienced DWI defense lawyer can help you minimize the damage. As of Aug. 1, 2015, blowing a .16 or higher can result in gross misdemeanor charges, installation of an ignition interlock device and $12,000 bail. Given those consequences, a case can be made that a person is better off refusing the test.

Defendants are closer than ever to having a level playing field. There are cutting-edge cases being heard right now in the Supreme Court that may entirely change this area of the law. I am extremely encouraged that those charged with refusal may be able to have their charges thrown out.

The Bottom Line: I Can Help

If you've been stopped on suspicion of DWI in the Twin Cities, I can help you whether you took the test or refused it. There are actions I can take to pursue a reduction of charges and even a dismissal depending on the circumstances of your DWI arrest.

Let me help you sort through your options and protect your rights. Contact our Minneapolis office today for a free case evaluation with a proven defense attorney.