What you need to know about refusing alcohol tests

As s firm of longtime Minneapolis DWI lawyers, Jeffrey B. Ring & Associates is particularly familiar with requirements for blood, urine and breath testing for alcohol - what is required of the police and what is required of the suspected drunk driver.

It is important for you to understand that you cannot refuse to take an alcohol test without penalties that often are more severe than those for the DUI. But you can take action to protect your rights by contacting a qualified DWI attorney.

Implied consent for alcohol testing

Under Minnesota law, motorists essentially give police permission to test them for alcohol just by obtaining a license or by driving. Police need probable cause (a legitimate reason) to pull you over, but once they suspect you of drunken driving, they need no other authority to require an alcohol test.

You can refuse to take a test at the traffic stop, but you likely will be taken to the police station for booking and testing. It is the official testing at the station that is mandatory - either by blood, breath or urine. A breath, blood or urine test is the best way to obtain evidence that an individual was intoxicated while driving a motor vehicle.

If you refuse testing at this point, you subject yourself to an automatic one-year license revocation, and you are automatically guilty of committing a separate, gross misdemeanor crime of test refusal. You could be convicted of both a DWI and a test refusal.

Even without test results, you can be convicted of DWI based on testimony from any officer involved in your traffic stop.

What you should do

You are entitled to consult with a DWI lawyer before taking a test at the station, following your arrest. If you are suspected of DWI, you should read the Implied Consent Advisory (ICA) provided by police, which states that:

  • By obtaining a driver's license you have given your consent to take a test
  • Test refusal is a crime
  • You do have the right to consult with an attorney within a reasonable time before taking any tests

Before you do or say anything else, tell the law enforcement officer that you want to consult with your attorney, then call Jeffrey B. Ring & Associates. Our lawyers help you begin to challenge your DWI from the start. We have excellent experience defending every level of drunk driving charge, and have achieved considerable success in our nearly four decades of practice.

Minneapolis defense attorney for DWI refusals

Know your rights and protect them. Contact Jeffrey B. Ring & Associates for help following a DUI arrest. A conviction can cost you a lot. It costs nothing to talk to our lawyers.