Just like any type of DWI / DUI violation, refusing to take a chemical test to determine your blood alcohol content (BAC) at the time of your arrest is a crime in the State of Minnesota and is treated as a separate criminal offense.
Also like DWI charges, when convicting an individual for refusing to submit to a chemical test, the state must prove the following elements:
- Law Enforcement has probable cause to believe that someone drove, operated or was in physical control of a motor vehicle while under the influence of alcohol or controlled substance,
- Law Enforcement read the Minnesota Implied Consent Advisory to the suspected DWI offender,
- The suspected DWI offender refuses to submit to a chemical test.
Minnesota Implied Consent Advisory.
Law enforcement officials are required to read to any individual suspected of driving under the influence the Minnesota Implied Consent Advisory. The Implied Consent Advisory contains the following information:
- The officer suspects that you have driven, operated or been in physical control of a motor vehicle while under the influence (in violation of Minn. Stat. §169A.20),
- The state requires you to take a test to determine your BAC,
- Refusal to take a test is a crime,
- Before submitting to a test you have a limited right to consult with an attorney,
- The right to consult with an attorney is limited to a reasonable period of time,
- If you fail to contact an attorney, or refuse to make a decision about testing or if the test is unreasonably delayed, then you could be charged with the refusal to submit to a chemical test,
- If you refuse to submit to a chemical test, after a lawful arrest for a DWI, the Department of Public Safety will revoke your driver's license for one (1) year.
Contact criminal defense attorney Eric J. Olson and learn more about your rights if you refused a DWI test.