Should You Refuse To Take A Breath 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 Ryan Pacyga Criminal Defense Now At 612-474-5420.
To refuse a blood alcohol content (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 Ryan Pacyga Criminal Defense, 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.
Frequently Asked Questions About Breath Tests
If you are stopped on suspicion of DWI, police officers are likely to ask you a series of questions. They may also request that you take a breath test. The following questions should give you further insight into this process.
Why are drivers asked to submit to breath tests?
Police officers can pull drivers over on suspicion of DWI if they reasonably suspect that the driver is impaired. However, this is not enough to place an individual under arrest and press charges.
To detain you or place you under arrest, police officers must have probable cause, which is where breath tests come in. A breath test can check for the presence of alcohol in your bloodstream. Police use breath tests to confirm their initial suspicions. A failed breath test will most likely lead to an arrest and charges.
In Minnesota, you are entitled to refuse a roadside breath test. However, you cannot refuse to take a test at the police station or other designated medical facility without facing significant legal penalties.
Why are drivers asked to submit to blood and urine tests?
Officers may also request that you take blood and/or urine tests. These tests are generally considered to be more accurate. However, it’s important to remember that they are not infallible.
These types of tests are more invasive than breath tests, so officers will usually only request them in certain circumstances. For example, if a serious accident has occurred and officers suspect that the driver was impaired. Refusing to take these tests at the police station or designated medical facility is a criminal offense in Minnesota.
Can breath tests detect weed?
No. The current technology in breath tests does not allow them to pick up THC from marijuana. Standard breath tests are designed only to detect the level of alcohol in a person’s bloodstream. Testing for marijuana is a separate and much more complex process. The THC in marijuana can remain in an individual’s system long after the effects of impairment wear off.
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 612-474-5420. We also welcome email inquiries – we will respond to those as quickly as we can.