Do I Have To Give A Breath Or Blood Sample During A DUI Or DWI Investigation Or Arrest In Minneapolis And The Surrounding Areas?
No, you don’t have to give a breath or blood sample during a DUI or DWI investigation or arrest in Minneapolis. However, you will face consequences for refusing to do a test. There’s a long history with regards to testing, particularly in Minnesota.
Minnesota didn’t want police officers strapping people down to involuntarily taking blood, urine, or breath tests. Due to this, a device came up in the 1970s or 1980s called the Implied Consent Law. The Implied Consent Law says that you give consent to give a test of your blood, breath, or urine if you are driving anywhere in the state of Minnesota. With blood and urine testing a warrant is required for an officer to ask for a test. So, while the law requires you to take a test, you do still have a right to refuse.
Everyone is always informed, either through the breath test advisory or the advisory given for the blood or urine test, that refusal of testing is a crime. There are certain situations where a person is better off refusing, though. For instance, if you’re a first offender and you’re over 0.16, the license revocation won’t be as onerous and you can have it lowered by pleading guilty to the offense.
As a general rule, you’re always better off having taken a test. This is because if your case goes to a jury trial, you can argue about whether or not the test is valid. If you refuse the test, it’s kind of hard to get around the assumption that everyone is going to make that you didn’t take the test because you were guilty.
You are required by law to take the tests, but there’s also a state statute that gives you the right to refuse in Minnesota. You don’t have to provide the test but there’s a crime of refusal where the state only has to establish that they had reason to believe you were driving while under the influence. If they asked you for a test and you said no, it is easier for them to prove they had a right to ask for the test than it would be for them to prove that the test was valid.
After Being Released From Police Custody After A DUI Or DWI Arrest In Minnesota, What Are Some Of The Most Important Next Steps You Would Want Someone To Take?
The first thing you want to do after being released from police custody after a DUI or DWI arrest in Minnesota is to hire an attorney. An experienced DUI attorney will be able to help you…
- Put yourself in a position to be able to drive,
- Understand your options,
- Understand your criminal charges,
- Prepare a defense for your criminal case, and
- Get the best possible outcome for your case.
- Fight the license revocation.
Normally, whether you take a test or refuse, you lose your license. In a blood or urine case, you’ll lose your license a couple of months down the road. Two options that may be available to you would be getting an ignition interlock put on your vehicle or a limited license to travel to and from work.
You are only going to be eligible for a limited license if you’re a first offender and took a test that was below 0.16. Getting an ignition interlock would be an easier option. From there, you would need to ask yourself how you can get this device.
Many people may think that they should go in and handle the case themselves, but the reality is that these cases are extremely stressful and can have very serious life-changing consequences. Having an experienced attorney can certainly ensure that you understand the process, your options, and your rights.
With the guidance of a skilled attorney for DUI/DWI Law, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on DUI/DWI Law in Minnesota, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (612) 338-5545 today.
