Driving in Minnesota is a privilege that comes with responsibilities. One of these is the state’s implied consent rule. The law means that by driving in Minnesota, you automatically agree to submit to chemical tests if a police officer suspects you’re under the influence.
These tests, which include breath, blood or urine analysis, can be requested even if you haven’t been drinking. Understanding this law is crucial because it affects all motorists, not just those who might be impaired.
Refusing chemical tests vs. field sobriety tests
If an officer suspects you of DWI and pulls you over, they might ask you to take a preliminary breath test or perform field sobriety tests (FSTs). It’s important to know the difference:
- Field sobriety tests: You can refuse these without immediate legal consequences. However, declining an FST won’t stop the officer from arresting you if they have other reasons to suspect impairment.
- Chemical tests: If the officer believes you are impaired, they will likely ask you to take a breathalyzer. After an arrest, police will direct you to take a blood or urine test. Refusing these tests is a separate offense in Minnesota.
A positive test doesn’t necessarily mean the prosecution’s case is a slam dunk, as legitimate defenses exist against DWI charges, including flawed test results.
Possible consequences for refusals
Refusing to take a chemical test carries significant consequences in Minnesota, with penalties increasing exponentially for those convicted of additional DWIs. These include:
- You can receive a one-year driver’s license suspension for a first refusal.
- A two-year suspension of driving privileges can result in a second incident.
- Beyond license suspension, habitual offenders might face other penalties, such as fines or mandatory treatment programs. The refusal itself becomes a criminal charge.
While you have the right to consult with an attorney before taking a chemical test, any delay in making contact will not stop the testing process.
The importance of experienced legal guidance
Facing a DWI charge or dealing with the implications of refusing a test can be nerve-wracking. The law in Minnesota is complex, and the penalties can affect your life significantly. Seeking guidance from a skilled DWI defense attorney is advisable. Your lawyer can help you understand your rights and work towards getting the charges dropped or reduced or focus on minimizing penalties.
Knowing your rights and responsibilities under Minnesota’s implied consent law is critical. Understanding the potential consequences of refusing tests and having a knowledgeable lawyer can make a significant difference in keeping your driving privileges and avoiding other significant repercussions.