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The Breathalyzer test — should I take it or refuse?

On Behalf of | Jul 23, 2021 | DWI

Anyone pulled over for driving under the influence of alcohol is asked to submit to chemical testing for police to determine how much alcohol is in their system. In Minnesota, law enforcement officers utilize the Breathalyzer test roadside to accomplish this. It is a simple test that only takes a few seconds to complete, but many people wonder if it is something to which they should submit. The only answer to this question is, it all comes down to personal choice.

What happens if a person refuses the test?

Minnesota has implied consent laws tied to every drivers license. It means that anyone with a driver’s license has agreed to submit to chemical testing if police request it. Refusing to take it is breaking the law and could lead to ones arrest and will result in the immediate suspension of ones license.

Decide if refusal is worth it

The only advantage to refusing a Breathalyzer test is that it gives prosecuting attorneys one less piece of evidence in a persons case. It only stays that way if officers fail to get a warrant to force testing, though, which is likely to happen after one’s arrest. So consider the consequences. Having ones license suspended for refusing is probably going to create a significant daily hardship. It may be possible to appeal the suspension, but there are no guarantees.

Get help

Whether Minnesota residents take or refuse the Breathalyzer test is completely up to them. Either way, they are likely to end up behind bars and facing various consequences for driving under the influence. Thankfully, they have the right to fight any charges and/or consequences that may come, and legal counsel can help them do that.