If I’m Stopped for a DWI in Minnesota, Can I Refuse to Blow into the Machine?
When you're driving in Minnesota and a police officer suspects you of DWI (Driving While Intoxicated), you might wonder what the implications are if you refuse a preliminary breath test (PBT) or the Datamaster test at the station. At Jack Rice Defense, we'd like to clarify the legal landscape for you. First off, if you are charged with a DWI or DWI Test Refusal, make sure you consult with an experienced Minnesota criminal defense attorney.
“Remember, getting a DWI charge comes with more than simply criminal charges. The government will probably take your drivers license too.”
Before arrest, refusing a preliminary breath test is not criminal, and it will not directly impact your driver's license. However, this refusal doesn't come with absolutely no consequences. It's essential to understand that while pre-arrest PBT refusal isn't penalized, declining a breath, blood, or urine test after arrest can be deemed a crime once the Implied Consent Advisory has been read.
What about Field Sobriety Tests?
What about the field sobriety test? In Minnesota, you do have the choice to refuse a roadside sobriety test, which might involve balance and coordination evaluations. Many sober people can struggle with these under normal circumstances, let alone while on the side of the road feeling pressured. However, know that not participating can lead to an arrest, but might serve your case better than providing more evidence for the police.
Cooperation with law enforcement if stopped is always recommended. This doesn't mean you should incriminate yourself—remaining calm and composed is key. Upon arrest, refusing a test at the station or medical facility is illegal, yet you still reserve the right to consult with a lawyer.
If you are released after testing under the limit, it may seem like a relief, but being arrested after refusing a roadside test can sometimes be strategically favorable—if the time taken to process you allows your blood alcohol level to decrease below the legal limit.
Legal guidance becomes crucial if you face a DWI charge. The repercussions are vast and long-term; thus, consulting with a DWI attorney like Jack Rice can prove invaluable. We understand the nuances of DWI cases and can offer advice tailored to your unique situation.
“If the police do everything they are legal obligated to do and ask you to blow into the machine at the station and if you refuse, you could face additional charges.”
Refusal?
Moving to the later stages, let's talk about what happens if you refuse the more official breath, blood, or urine tests at the station or hospital. After an arrest, refusing these tests can be problematic, categorized as a crime with its own set of penalties. It's important to weigh the outcomes—refusing can be a gross misdemeanor, and the severity intensifies with any aggravating factors such as a high blood alcohol level or previous convictions.
For first-time offenders, calculating the risks is vital. A high BAC level has severe consequences, and in some cases, refusing might minimize the damage, albeit still leading to significant penalties like license revocation.
“This is complex stuff. Make sure you know your rights.”
When accused of a DUI, the defenses available can vary widely, from questioning the driving pattern as a DUI indicator to challenging the reliability of chemical test results. Experienced defense attorneys can explore multiple strategies, including scrutinizing the officer's observations and the validity of the traffic stop itself, to build a strong defense.
Facing a DWI situation can be daunting, but with the right legal support, you have a fighting chance. Jack Rice Defense is here to guide you through the complexities of Minnesota's DWI laws and help you make informed decisions. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life is on the line, Jack Rice Defense really is your best defense.