The crime of refusing to Breath & Blood Tests only pertains to the test at the police station when the officer reads you the Minnesota Implied Consent Advisory, which includes informing you that you have a right to speak to an attorney before you decide to submit to a test of your blood, breath or urine. When the police believe that a person may be driving under the influence of alcohol, they will often request that the person perform various field sobriety tests, including a preliminary breath test, commonly referred to as a PBT (portable breath test). Contrary to popular belief, you are not legally obligated to perform such tests or submit to a PBT.
What is “Implied Consent?”
Minnesota is an “implied consent” state, meaning that any person who drives, operates or is deemed to be in physical control of a motor vehicle is considered to have consented to a chemical test of their blood, breath or urine to determine if alcohol or other controlled substances are present in the body if a police officer has reason to believe you are under the influence of alcohol or a controlled substance or that your blood-alcohol content is over .08. The officer’s belief is typically based on observations of driving conduct, speech and other physical behavior that they believe to be indicia of intoxication or impairment with respect to operating a motor vehicle.
Breath & Blood Tests
If you have been arrested or charged with a DWI or DUI, contact Grostyan & Associates, PLC for free consultation on fighting your case and preventing your license from being revoked after 7 days. We can also help you if your case involves a vehicle forfeiture or seizure and inform you of your right to contest the forfeiture and the ability to get your car/vehicle back.