If you are pulled over for suspected drunk driving in Minnesota, the officer may ask you to take a breath test. Deciding whether to comply can be confusing, especially when you are under pressure and unsure of your rights.
Minnesota’s driving while impaired (DWI) laws allow law enforcement to request chemical testing. However, those same laws give you protections and options.
Minnesota’s Implied Consent Law
When you drive on Minnesota roads, you give implied consent to chemical testing for alcohol, drugs, and other substances if you’re lawfully arrested for DWI. If the officer has reason to believe you have been violating DWI laws, law enforcement can ask you to do a handheld preliminary breath test (PBT) on the side of the road. You can refuse this test, but the officer may then arrest you for probable cause for DWI.
If you’re arrested, the officer must read you the breath test advisory before administering a breath test. This advisory explains:
- You are required to take the test
- Refusal is a crime
- You have the right to consult with an attorney before deciding
You have the right to contact a lawyer before you choose to take or refuse the test. This consultation must happen in a reasonable amount of time, and delays cannot be excessive.
Consequences of Refusing a Breath Test
Refusing an evidentiary breath test in Minnesota is not a simple way to avoid a DWI charge. Refusal itself is a criminal offense. Potential consequences include:
- License revocation for one year or more
- Possible vehicle forfeiture if certain aggravating factors apply
- Up to one year in jail and up to $3,000 or more in fines if convicted of test refusal
Should You Agree to the Test?
Some people choose to take the test to avoid the criminal charge of refusal, even if they believe they may be over the limit. Others refuse to limit the prosecution’s evidence, understanding that refusal still carries significant penalties. Factors to consider include:
- Whether you have prior DWIs or license revocations
- The presence of aggravating factors (high blood alcohol concentration (BAC) or a minor passenger)
- Your ability to quickly reach an attorney for advice
Because refusing to take the test is a crime, lawyers really cannot advise someone to refuse a test. However, there are circumstances where taking the test could result in mandatory bail, a longer license revocation, and other more serious consequences. Each case is nuanced and will depend on the circumstances. Remember, you have the right to an attorney who can inform you of your rights and give you additional information before you make your decision about testing.
What Happens After the Test or Refusal
If you take the breath test and your BAC is 0.08 or higher (or 0.04 for commercial drivers), you will likely face DWI charges. Even a BAC below the legal limit can result in charges if the officer believes your ability to drive was impaired.
If you refuse, you may be charged with both DWI and test refusal, and the Department of Public Safety will begin administrative action against your license.
How to Protect Yourself During a DWI Stop
While you can’t control an officer’s decision whether to arrest you, you can take steps to protect yourself. Here’s what to do:
- Remain polite and calm throughout the interaction
- Provide your license, registration, and proof of insurance when asked
- Do not volunteer extra information about where you were or if you drank anything
- Ask to speak with a lawyer before making any decision about an evidentiary breath test
- You have a right to an additional test after taking one by law enforcement
While these steps can’t prevent an arrest, they can help preserve your legal options.