Although field sobriety testing on the roadside is voluntary, test refusal at the station is a crime. In fact, test refusal at the station is an automatic gross misdemeanor carrying a possible punishment of one year in jail and a $3000 fine, even if this is your first-time DWI ever in your life!
But how can this be? How can something that is voluntary turn into a crime if you don’t volunteer?
The reason is because you are giving your “implied consent” to such testing when you obtain a driver’s license. The moment you renew your license every few years, you are giving law enforcement in Minnesota permission to conduct a test to see if you are under the influence of drugs, assuming they have probable cause to ask your for a test. So if you give your consent, although implied, and then you retract that consent when placed in the situation in which you must be tested, it is considered a crime and will result in your license being revoked for a year and transforms a charge of misdemeanor Fourth Degree DWI (test failure of below .20) and turn it into a gross misdemeanor Third Degree DWI charge.
Test Refusal Defense
The law states that, within reason, you can contact an attorney prior to any testing being conducted. An experienced Test Refusal defense attorney can advise you on what you need to do and what the consequences may be. Even if you refuse to take the required tests, you may be arrested for suspected drunk driving and made to submit to blood, urine or breath test(s) later. Even if blood and urine tests show that you are not intoxicated, you will still have your license revoked for a year because of the rest refusal.
If it is shown that you are intoxicated, then you will not only have the test refusal to worry about, but a DWI charge to contend with as well. The test refusal can actually result in the charge being worsened, so this is something you need to know before you refuse the test. Test refusal is not a way to get out of a drunk driving arrest.
Nevertheless, your criminal attorney will be able to advise you and also educate you so that you can make the right decisions in your case. An attorney provides you with information and guidance, so make sure you are attentive and ask any questions that you may have. There is no such thing as an unnecessary question.
It is important that you not wait another minute. You may contact Max A. Keller before test refusal or after because you will need an attorney with a proven track record by your side. And if you are charged with DWI, you will need assistance in your DWI or DUI case as well. Remember that you do not have to face a judge on your own. You do have rights, so use them.
Arrested? We’re Available 24 / 7
Only a professional and highly skilled DWI defense lawyer can make sure your case is properly addressed and handled efficiently. Our DWI attorneys will thoroughly investigate the circumstances of your arrest, the arresting officer, interview any important eye witnesses, handle all court appearances and documents, and guide you through the criminal justice system to your freedom and peace of mind. If you have questions regarding your DWI charges, potential penalties and risks, or strategies for defending your rights, call our law office at 952-466-6926 | 651-968-1130 or use our online contact form. You have rights – we protect them.
Our Minneapolis DWI defense lawyers represent clients charged in criminal matters throughout the Twin Cities Metro Area and throughout the entire state of Minnesota including such counties as Hennepin County, Ramsey County, Scott County, Dakota County, Washington Court, and Sherburne County. We also represent clients throughout Anoka, Andover, Apple Valley, Blaine, Bloomington, Burnsville, Champlin, Chaska, Coon Rapids, Eagan, Edina, Eden Prairie, Lino Lakes, Lakeville, Maple Grove, Maplewood, Minnetonka, Minneapolis, Plymouth, Richfield, Robbinsdale, Roseville, Woodbury and White Bear Lake.
