After an individual is stopped for suspicion of a DWI, an officer may request that the individual perform at the scene a number of tests known as field sobriety tests and may also administer a portable/preliminary breath test (PBT) at the scene. Once the officer believes he has enough information to support his suspicion, he will detain the individual and typically bring them to a police station, county detention facility or hospital where he will ask them to take an “evidentiary” test of their blood, breath or urine. If you or someone you know is facing a charge for refusal to submit to testing, give experienced Minneapolis DWI Defense Lawyer, Gerald Miller a call today.
In accordance with Minnesota’s Implied Consent law, a person must submit to one of these tests or they will be charged with a test refusal. Typically, the officer will choose which of these 3 tests he wants the individual to submit to.
Refusal to Submit to Testing Consequences
A refusal is similar to an aggravating factor when determining the severity of a DWI offense. As such, a refusal elevates the normally charged crime to that of the next severity level. An example of this would be if a person has been picked up for a first time DWI offense they would normally be charged with a 4th degree DWI, barring any other aggravating factors. However, a test refusal would cause this individual to be charged with a 3rd degree refusal (and likely also a 4th degree DWI). All refusals are charged as either a second degree or third degree gross misdemeanor crime or as a first degree felony.
License plate impoundment and even forfeiture of the vehicle used in the incident are possible consequences when a test refusal occurs.
Possible Driver’s License Penalties
Revocation times for test refusal begin at one year for a first time refusal with no other aggravating factors. However, the revocation time can be much longer if other aggravating factors are present. Additionally, the offender must pass an alcohol and controlled substance knowledge test, apply for a new Minnesota driver’s license and pay a $680 reinstatement fee.
Should I Hire a Minnesota DWI Lawyer?
Refusal to submit to testing is a serious charge with severe consequences. Having an experienced Minneapolis DWI Defense Lawyer is therefore critical. Gerald Miller PA has defended thousands of DWI cases over the last 35 years. It is our goal to make sure you receive the best result possible. Contact us today at 612-341-9080 for a free consultation.
For more information see the Minnesota Test Refusal Statute 169A.52.
For a review of criminal penalties and driver license sanctions see the Minnesota Department of Public Safety.