Test Refusal

If you are currently under arrest and deciding whether to take a test, call Olson Defense at 952-835-1088 now to speak with a lawyer about this crucial decision.  As you can read below, this decision can affect everything from the level of charges brought against you to the amount of time your license will be revoked.

Charged with test refusal?

Minnesota law requires drivers arrested for DWI/DUI to submit to a chemical test for the presence of alcohol or controlled substances.  This test is most often a breath test, but police officers will occasionally ask a judge to issue a warrant to search a driver's blood or urine, especially if the officer believes the driver is under the influence of drugs.  A driver who refuses to submit to a test can be charged with a special DWI/DUI offense called "DWI/DUI - Refusal to submit to chemical testing."

Increased penalties:

Although refusing to submit to a chemical test is not an "aggravating factor," it will increase the severity of DWI/DUI penalties.  For example, a first time offender who refuses to submit to a breath test or a search warrant will be charged with a third-degree gross misdemeanor offense, just as if he or she had been driving with a blood alcohol content of 0.16 or more.  This means a first time offender can be subject to up to one year in jail, a $3,000 fine, and as long as one year in the ignition interlock program.  Drivers with prior DWI/DUI convictions will face even more serious penalties if they are arrested a second, third, or fourth time and refuse to submit to testing.

Unique defenses:

The attorneys at Olson Defense are well versed in representing drivers charged with DWI/DUI - Refusal offenses.  When our clients are charged with refusing to submit to a breath test, we always carefully review the circumstances surrounding the alleged refusal to determine whether police honored our client's right to contact an attorney before deciding whether to test, whether police said or did anything to discourage our client from submitting to the test, and whether our client did, in fact, refuse to take the test.  Many drivers make an honest effort to provide a valid breath sample, but health issues, machine malfunction, or police incompetency affects their ability to complete the test.  In cases involving warrants to take a blood or urine sample, we always take time to carefully review the warrant, and we take advantage of every opportunity to challenge the truthfulness of the police officer's search warrant application or the sufficiency of the evidence supporting the warrant.

The experienced lawyers at Olson Defense can help you address the complex legal issues that arise in DWI/DUI - Refusal cases, and we will bring 30 years of experience to the courtroom to defend you against these charges.  If you or a loved one has been charged with DWI/DUI, do not hesitate to call our office at 952-835-1088 to speak with an attorney with the skill and experience to fight your case.