DWI Test Refusal
In Minnesota, it is a crime to refuse DWI testing under the Implied Consent law. If an officer has probable cause to believe that you have been driving while under the influence of alcohol, you will be asked to submit to a breath, blood or urine sample to determine your alcohol concentration. If you refuse, you will be charged with the crime of Refusal to Submit to Testing. This is a Gross Misdemeanor, with a maximum penalty of 1 year in jail and a $3,000 fine.
Recent developments in the law have called into question the validity of refusal charges when they are accompanied by a request for a blood or urine test, however. Consequently, it is imperative that you consult with an experienced defense lawyer regarding your options.
The Crime of Refusal to Submit to Testing
If you refuse to submit to testing at the direction of a police officer, you will be charged with a Gross Misdemeanor, with a maximum punishment of 1 year in jail and a $3,000 fine.
The same penalties apply for Refusal to Submit to Testing as they do with an actual test.
- First Offense – no mandatory penalty
- Second Offense within 10 years – mandatory 30 days in jail
- Third Offense within 10 years – mandatory 90 days in jail
Fourth Offense – this is a felony, and various mandatory penalties apply
Driver’s License Revocation Periods for Refusal
There are mandatory driver’s license revocation periods for Refusal to Submit to Testing
- First Offense – 1 year license revocation
- Second Offense within 10 years – 2 years
- Third Offense within 10 years – 3 year cancellation
- Fourth Offense or more within 10 years – 4 to 6 year cancellation
Under Minnesota law, if you are arrested for Refusal to Submit to Testing, your license plates will be impounded and you will have to have special registration, or “whiskey plates” installed on every vehicle you own.
Contact A Minneapolis DWI Lawyer
DUI/DWI test refusal is taken very seriously in Minnesota. Carson J. Heefner has over 20 years experience representing individuals who have been charged with Refusal to Submit to Testing. If you or someon eyou know is facing refusal charges, contact Carson at 612-202-8971 or firstname.lastname@example.org for a free consultation.