DWI Test Refusal: A Guide from Jack Rice Defense, St. Paul Area Premier DWI Test Refusal Attorney
Facing a DWI stop can be a daunting experience, especially if it’s your first encounter with law enforcement regarding a potential DUI. Many individuals find themselves confused when asked to take a chemical test.
It's crucial to understand that while drivers have the right to refuse a chemical test, doing so can result in significant criminal and administrative consequences. Consulting a skilled legal professional is vital, and Jack Rice, an experienced St. Paul DWI attorney, is here to guide you through this challenging situation.
“Jack is a member of the National College of DUI Defense and a graduate of the esteemed NCDD Standard Field Sobriety Test Program.”
Your Rights When Refusing a DWI Chemical Test
If you've declined a DWI chemical test and face potential repercussions, Jack Rice Defense can help you secure the best possible outcome. With a background as a former prosecutor, Jack brings valuable insights into the prosecution's process, enabling him to craft a robust defense for your case.
At Jack Rice Defense, we proudly represent clients across Ramsey County, including Little Canada, Riseville, Vadnais Heights, West St. Paul, North St. Paul, Maplewood, Shoreview, New Brighton, Oakdale and White Bear Lake as well as throughout the Twin Cities area, encompassing Hennepin, Dakota, and Anoka Counties.
Understanding DWI Test Refusal
What Are Chemical Tests?
Under Minnesota law, any individual who drives or controls a motor vehicle is viewed as having consented to a chemical test of their blood, breath, or urine to determine the presence of alcohol or controlled substances. Typically, law enforcement will request a breath test to assess blood alcohol content. However, if intoxication from a controlled or hazardous substance is suspected, blood or urine tests may be administered.
Tests may be mandated if police have probable cause based on certain conditions, such as:
Arrest of the individual
Involvement in an accident with injuries or property damage
Refusal of preliminary testing
Detectable alcohol concentration over 0.08
If a person is unconscious or unable to refuse, consent is presumed, allowing for a blood test in such situations.
Who Can Administer Chemical Tests?
Only certain qualified professionals are authorized to conduct blood tests in Minnesota, including medical technicians, registered nurses, and other trained personnel. Individuals taking the test can request their own test in addition to the one conducted by law enforcement, provided it’s done at their own expense while in custody. Believe it or not, there are some jurisdictions in the country that allow officers to draw blood on the side of the road.
Breath tests here in Minnesota must be administered by personnel trained in accordance with state regulations.
Implied Consent Advisory
When requesting additional tests, officers must inform individuals of their rights, which includes the requirement for testing under Minnesota law to ascertain the influence of alcohol or controlled substances. Signing a refusal can lead to legal consequences and officers must communicate that refusal is considered a crime.
Individuals do have the right to consult an attorney, though this cannot cause undue delays in testing. However, officer must give you sufficient time in order to consult your your attorney.
“A DWI or DWI Test Refusal can have a terrible impact upon your life. Make sure you consult with a DWI and DWI Test Refusal Attorney.”
Consequences of Refusing a Chemical Test
Refusing a chemical test can lead to serious penalties, both criminally and administratively. The refusal is reported to the Commissioner of Public Safety and is treated as a third-degree DWI, punishable by up to one year in jail and/or a fine of up to $3,000. Additional penalties may include vehicle forfeiture.
Upon refusal, a person's driver’s license may be immediately revoked with a temporary permit issued for seven days. A refusal can result in a suspension of driving privileges for a year, which may be reduced to 90 days for first-time offenders. Subsequent DWI offenses can lead to longer suspension periods.
If you are confronted with DWI charges or a test refusal in St. Paul or the greater Twin Cities area, it is imperative to connect with an experienced Minnesota DWI attorney. Reach out to Jack Rice Defense for a free and confidential consultation at 651-447-7650 or 612-227-1339. Your job, reputation, and future are important—ensure you have Jack Rice Defense advocating for your rights.