Should I Refuse to Take a Breathalyzer Test?

Clients always ask this question. And whether it is a blood test, breath test or urine test, the answer from us is always the same. We will not tell you whether you should or should not take the test. Instead, we will tell you what consequences you will face if you refuse to submit to a DWI test. From there, you will have to make the choice as to whether to submit to the test or to refuse.

Facing Penalties for DWI Test Refusal? Call LawHero Now at 612.339.5844.

To refuse a blood alcohol concentration (BAC) test is to immediately accept that you will lose your license for one year. This is due to Minnesota’s implied consent laws. Under these laws, you are assumed to have given consent to take a chemical test any time you operate or drive a motor vehicle.

If a law enforcement officer has probable cause to believe you are driving under the influence of drugs or alcohol, he or she can obtain a chemical test. If you refuse, you are breaking the law.

You need to understand that you can have your license suspended even if you are not convicted of drunk driving. The loss of your license can cause several life consequences, including difficulty keeping your job, getting groceries and other daily tasks. Take these potential consequences to heart before you decide to refuse a breath test, blood test or urine test.

You Can Appeal an Administrative License Withdrawal

Minnesota law allows individuals to appeal an administrative license revocation in one of two ways:

  • Appeal to the Department of Public Safety (DPS)
  • Appeal to the criminal court system

At LawHero, we know how to handle administrative and criminal appeals. With our years of experience and long track record of success in DWI cases, you can feel confident that you will have the defense you require by your side.

If You Need Help Immediately, Pick Up the Phone and Call Us

Our team of dedicated criminal defense attorneys works around the clock to ensure our clients have the representation they need when they need it. So whether you are sitting by the side of the road and don’t know what to do, or if you are already facing penalties for a DWI test refusal, call us.

You can reach us 24/7/365 at 612.339.5844. We also welcome email inquiries—we will respond to those as quickly as we can.

The entire time Ryan and his staff was always keeping me up to date and keeping me informed which was a HUGE difference from my last experience. He took the time to explain how the justice process was going to work, and watching him and listening to him in court is something to see. After all was said and done, first he got my implied consent dismissed and within an hour he got my criminal charges dismissed as well. I ended up pleading guilty to a petty misdemeanor for an equipment violation, needless to say huge win for Ryan, and huge win for me. If you are reading this and wondering what I was wondering, if it is really worth it to hire a lawyer for your first DWI, let me tell you from personal experience it most definitely is, and in my opinion Ryan is the best man for the job. — J.P.


If you were arrested for DWI/DUI in Minnesota sometime between 2007 and 2011 and you took the Intoxilyzer (breath) test, odds are we filed a Source Code challenge for you.  Many cases were consolidated statewide to a district court judge. His task was to decide whether the Intoxilyzer results were admissible in evidence.  For the […]

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