There are certain circumstances in which you are required to submit to an alcohol test in the state of Minnesota. Refusal to take the test can lead to serious penalties. If you are being charged with refusal to submit to an alcohol test in Minnesota, you need the help of an experienced attorney.
Understanding Alcohol Test Refusal Charges
Minnesota operates under the “implied consent” law, which means there are certain situation where you have to submit to an alcohol test. When the test is required by law, it is a crime to refuse to take it, and the punishment can be strict.
An alcohol test can be conducted either by blood, urine, or breath. If there is reasonable suspicion that you have been drinking and driving, then the implied consent rule is in effect. Situations in which you are required to take an alcohol test include:
- If you have been legally arrested for a DWI;
- If you are involved in an accident where there is property damage, serious injury, or death; and
- If a police officer has reason to believe that you are driving under the influence of drugs or alcohol.
Minnesota law requires a police officer to explain that refusing the test is a crime. The officer also should inform you that you have a reasonable amount of time to speak to an attorney prior to taking the test. An alcohol test should be administered within two hours of when you were last driving.
Should you refuse to take the test, you will most likely be charged with a crime. Oftentimes, these charges will be accompanied by more serious charges – like a DWI. If you are convicted of refusing an alcohol test, you can face penalties that include suspension of your license, fines, and jail time.
Alcohol Test Refusal Defense Lawyer
As soon as you are aware of a charge related to refusing an alcohol test, you need to contact an experienced defense lawyer. Your lawyer will gather the evidence necessary to prove your innocence, or fight for a reduced charge. Without a lawyer on your side, you may find yourself facing the maximum punishment. Depending on the circumstances, this could include prison time, fines, and the permanent loss of your driver’s license.
There may be times when you do have the right to refuse an alcohol test. Your lawyer can help you understand exactly what your rights are, and make sure that law enforcement has acted appropriately. Having a lawyer on your side will give you the best chance to avoid punishment and get back behind the wheel of your vehicle.
Contact Us for a Free Consultation
When you are charged with refusing to submit to an alcohol test, you need an attorney with a winning record. At the Brown Law Offices, P.A., we have helped countless clients get a favorable result. Our attorneys work hard to build the case that will help you avoid conviction and punishment. Don’t let an alcohol test refusal conviction affect your life. Call us today at 763-783-5146, or complete our online form for a free consultation.