Attorneys explain why you cannot refuse an alcohol test

Many drivers have heard of implied consent but may not fully understand its meaning or its role in a DWI arrest. Jeffrey B. Ring & Associates in Minneapolis regularly encounters implied consent issues in its drunk driving defense cases. We have a good grasp of the law and the role it plays.

Implied consent means that you have performed some action that implies that you agree to something. When you obtained your driver's license in Minnesota, you gave implied consent to be tested for alcohol if suspected of driving drunk. Although these tests are voluntary, it is illegal to refuse to take them.

Immediate loss of your license

Declining to submit to a blood, breath or urine test for alcohol results in immediate revocation of your license. The police officer fills out a Notice and Order of Revocation form. One copy is provided to you, and the other is sent to the Department of Public Safety in St. Paul. The revocation, while in effect right away, has a temporary grace period of seven days if your license was valid when you were arrested. There is no investigation into the facts of the refusal. No questions are asked. The state assumes that the police officer had a legal reason to revoke the license and that the officer properly followed all arrest, booking and testing procedures.

Your license remains revoked for one year, even if you are not convicted of DWI.

Fighting license revocation

If you decide to fight revocation - the attorneys at Jeffrey B. Ring & Associates think you should - you have the right to an Implied Consent Hearing before a judge. This hearing is separate from your criminal case and any license revocation you may receive for drunk driving. The burden is on you to fight the revocation. If you do not submit a formal written request for a hearing, then one will not be held. This written request must be submitted and filed within 30 days of your revocation.

Unfortunately, license revocation is treated like a prior conviction. It bumps any future DWI charges to higher degrees, exposing you to the possibility of additional jail time and fines, even if you win the original DWI case, so fight it!

What constitutes a refusal

Under Minnesota case law, a refusal is defined very loosely. If you fail to provide two adequate breath samples, try to fool the test by eating or drinking something, intentionally blow incorrectly, act out or do not say anything in response to an officer's request to test, it may be considered a refusal.

The arresting officer should present you with a copy of the Implied Consent Law, which explains that it is a crime to refuse to the take the test. However, the law also permits you to speak to an attorney prior to taking the test. The confusing consequences of refusal, or testing .16 or greater, are obviously reason for you to call us first to help protect your rights in the DWI arrest.

Minneapolis attorneys guiding you through implied consent

You must comply with the request to take a test, but our attorneys also believe you MUST fight any revocation of your driving privileges. Contact Jeffrey B. Ring & Associates for solid advice about how to deal with an implied consent matter. The initial consultation is free.