What Happens if I’m Stopped for a DWI in Minnesota and I Refuse to Test?

DWI charges in Minnesota can come with serious ramifications including jail or prison, serious fines, draconian driver’s license suspensions, vehicle forfeitures and more. While we have written extensively about the various DWI charges you might face at Jack Rice Defense, this article will focus more narrowly on DWI Test Refusals and what the State can do to you if you are convicted. If you have been charged with a DWI Test Refusal, it is important that you sit down quickly with an experienced DWI Attorney.  There are some things you must respond to in a particularly period of time or you waive your right to contest those issues.

Does the Implied Consent Advisory Matter in Refusal Cases?

If you are stopped in Minnesota and you are arrested by a police officer for driving under the influence of alcohol, they are likely going to take you to a local police station where they must read something called an “Implied Consent Advisory” to you. The contents of this Advisory include:

• Informing you that you are suspected to have violated Minnesota's DWI laws;

• Letting you know that have been placed they have been placed under arrest;

• Making you aware that Minnesota law requires them to take a test to determine if you are under the influence of alcohol;

• Letting you know that refusal to take a test is a crime;

• Making you aware that you have the right to contact an attorney prior to making a decision about testing.

You are then asked to test.  Simply put, this usually means blowing into something called a Datamaster, twice actually. This is different than the Preliminary Breath Test you may have blown into on the street. Based upon the circumstances, you may be asked to submit to either a urine or blood tests. These come with other limitations.

And If I Refuse?

If after being read the the Implied Consent Advisory and you refuse to test, you will likely be charged with Refusal to Test. If you are convicted, you could face:

• A Gross Misdemeanor Criminal Conviction

• Up to one year in jail;

• Up to a $1000 fine;

• A Chemical Dependency Evaluation and a treatment program;

• A MADD victim impact panel.

• Loss of license plates

• Loss of license for a year or more.

Of course, this assumes that you have no prior DWIs in the last ten years.  If you have priors in that time, the ramifications of a new refusal conviction could become for more serious.  Consider that a first time DWI under a .16 is a misdemeanor which is less serious than the gross misdemeanor Refusal charge. 

What is the Right Decision?

As you are read this implied consent advisory, you won’t necessarily have a long time to decide to consult with an attorney or whether you are going to test.  The problem is you are placed in a very difficult position. After all, they are threatening you with more charges. At the same time, there may be circumstances where providing a test may be giving the State additional evidence to prove even more serious charges. Unfortunately, because every case is different, it is critical to speak with an experienced DWI attorney to discuss your options and the ramifications of each.

Go with the Best

Jack Rice is a Board Certified Criminal Law Specialist and DWI Criminal Defense Attorney.  He is also the Founder of Jack Rice Defense.  Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.