Chemical Tests in Anoka County
Challenging Blood, Breath & Urine Tests
In Minnesota, when a police officer pulls someone over on suspicion of DWI, after the officer has asked the person to submit to a series of field sobriety tests, the officer will generally ask the person to submit to a chemical test in the form of a blood, breath or urine test. The question is do you have to take one and what happens if you refuse?
Under Minnesota's implied consent law, you are required to take a blood, breath or urine test if you are arrested for DWI. Under the law, if an officer has probable cause to believe that you have been driving or boating while intoxicated, then you consent to taking a chemical test for the purposes of determining your blood alcohol content (BAC). You may also have to submit to these tests if you have not been arrested, or if you have been involved in an accident that had property damage, a serious injury, or death.
The blood, breath or urine test must be taken within two hours of when you were driving or boating. In Minnesota, the officer gets to decide which test you take and the officer can require that you take an additional test such as a urine test if he or she believes that you are under the influence of drugs too.
When an officer asks you to submit to a chemical test, he or she is to tell you that Minnesota law requires that you take a test and that refusing to do so is a crime. The officer also has to inform you of your right to speak to an attorney, but only for a limited time for a test will need to be done within a few short hours of driving.
Penalties of Refusal
Under Minnesota law, the penalty for refusing to take a chemical test is a suspension of your driver's license for at least one year. If you have prior DWI convictions, you can expect to add one more year for each prior DWI conviction.
Should I refuse to take a chemical test?
We generally don't recommend that people refuse to take a blood, breath or urine test when they are arrested for DWI since in Minnesota; there isn't a mandatory penalty for your first DWI. The good news is that with the help of a good Anoka County DWI attorney, the court could go easy on you. If you do refuse the prosecution can use that against you by arguing that you refused the test because you knew you would be found guilty of DWI if you took a blood or breath test.
If you were arrested and charged with DWI, it's essential that you get help from an experienced DWI lawyer from our firm. Unlike a standard traffic ticket, a conviction for DWI can have serious consequences, especially if you were involved in an alcohol-related collision or if this is your second or subsequent DWI. Your best solution is to hire an attorney from our firm who is knowledgeable in Minnesota's state laws and all possible defenses that may get your sentencing and penalties reduced if not dropped.
Arrested for DWI? Contact an Anoka County DWI lawyer from Brevik Law by calling (763) 200-6594.