When stopped on suspicion of DWI in Minnesota, one of the biggest decisions a person may face is whether to take or refuse the chemical test. Bloomington, MN DWI lawyer, Attorney Derek Archambault of Archambault Criminal Defense spent over 15 years as a criminal prosecutor. He uses this experience and the knowledge to think like a prosecutor when building his clients’ defenses, giving a unique edge to his defense strategies. Understanding what happens when you refuse a test—and whether it’s a good idea—can make a big difference in how your case turns out.
What Happens If You Refuse A DWI Test?
In Minnesota, drivers automatically give “implied consent” to chemical testing (usually breath, blood, or urine) just by driving on public roads. If you are lawfully arrested on suspicion of DWI and you refuse to take the required test, you can face immediate administrative and criminal penalties—even without a DWI conviction.
Refusing a test is a crime in itself under Minnesota law. A first-time test refusal is usually charged as a gross misdemeanor, which carries the same penalties as a second-time DWI offense. These penalties can include up to one year in jail, a $3,000 fine, license revocation for at least one year, and possible vehicle forfeiture, depending on the circumstances.
Are There Situations Where Refusing Makes Sense?
Refusing a test might prevent the state from getting a concrete blood alcohol content (BAC) reading, but that doesn’t mean you’re avoiding consequences. Prosecutors can still build a case using other evidence, such as field sobriety tests, officer observations, dash cam footage, or admissions made during the stop.
In most cases, refusing the test does not help the situation—and it can actually lead to harsher penalties than if the test had been taken and failed. That said, every case is different, and legal outcomes can depend heavily on the specific facts involved.
If you are wondering if you can fight a DWI charge, a licensed criminal defense attorney can look at your case and help you to determine what your options are and what are your next best steps. These decisions should not be made without knowing how Minnesota law applies to your unique situation.
Can A Plea Deal Be An Option?
While this does not apply to every case, sometimes a plea deal is offered. If you are wondering if a plea deal is right for your DWI charge, a DWI attorney can provide legal advice and guidance. A plea may reduce the charges or result in less severe penalties, but it’s not always the best path forward. Having a defense lawyer review the evidence, including the circumstances of the test refusal, is key to deciding how to proceed.
Miranda Rights
Sometimes arresting officers fail to read a suspect their Miranda rights or read them incorrectly and this can impact your DWI case. If you are wondering if this has happened to you, a criminal defense lawyer can look at your case and provide you with legal advice.
Get Legal Help After A DWI Arrest
At Archambault Criminal Defense, we understand how stressful and downright frightening a criminal charge can be, and we are here to help. Reach out to us today for a free consultation.
