In most states throughout the country, including Minnesota, “implied consent” laws.
When a person has a state driver's license, he/she automatically provides consent to BAC chemical testing. In other words, it is mandatory for a driver to submit to testing if law enforcement has enough probable cause for a DWI arrest.
Furthermore, if a driver declines taking a preliminary breath test, had a PBT reading of .08% or more, or was involved in a crash involving property damage, injury, or death, then he or she is required to submit to testing.
Consequences for Test Refusal
For test refusal, state laws subject to both criminal and civil penalties. However, criminal penalties for test refusal are considered unconstitutional. Now, only civil penalties are enforced.
The civil penalty for chemical test refusal results in license suspension between one and six years, depending on your criminal history. Test refusal can result in a longer suspension period compared to failing a chemical test.
Obtain Experienced Legal Representation
Before administering the test, the officer is required to advise the motorist of the consequences of refusal. Additionally, the officer must also inform the driver of the right to contact a lawyer and give the driver reasonable amount of time to do so. Keep in mind, the driver cannot use this right to unreasonably delay the test.
If you are arrested for a DWI, you have the opportunity to consult with our Minneapolis criminal defense attorney at Brockton D. Hunter, P.A.
For more information, contact us and request a free consultation today.