If you spot the flashing blue lights in your rear view mirror and you’ve had a couple (or more) drinks, that is a panicky moment. What do you do now? You don’t feel drunk, but realize that when tested, you will probably be legally drunk. Should you refuse to take the test?
Minnesota’s Implied Consent Law
Minnesota has an Implied Consent law. If you are arrested for probable cause (drinking and driving), you have consented to testing your breath, blood or urine for alcohol. The law also states that when there is an accident involving serious injury, death or even property damage, there is an implied consent to the tests – even when someone has not been arrested. The police officer is allowed to choose which BAC test will be given and can require an additional test if drugs are suspected. The officer will state that refusing to take the tests is a crime.
The law also states that there is implied consent to a preliminary breath test, used to establish probable cause for the arrest. The officer should say that you do not have to take this preliminary test. Should you refuse? If you do, it will probably work against you. The officer will probably find another reason to believe that you have been drinking, arrest you and require you to take the tests.
Minnesota law also requires that the officer inform you that you have the right to speak to a lawyer. This would be an excellent time to call the DWI Attorneys in Brainerd. However, 25 minutes is about the maximum time that you will be allowed for this call.
Consequences of Refusing the BAC Tests
Your license will be suspended for at least a year, depending on whether or not there are prior DWI convictions. Each prior conviction will add one year to the license suspension time. Normally, if you refuse the test, the state can’t force you. However, if someone is injured or killed (including you), then the law allows the test to be given.
Usually, DWI Attorneys in Brainerd will tell you that refusing the test won’t help, especially if this is your first DWI. Refusal does not guarantee no conviction. Carlson & Jones are DWI Attorneys in Brainerd with over 65 years of trial experience. If your livelihood, reputation and even your freedom are threatened by a DWI conviction, call these DWI Attorneys in Brainerd.
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