What happens if I am charged with a DUI and I refuse a breathalyzer test?

If you are charged with DUI in Minnesota and you refuse to take a breathalyzer test, you will face consequences. Under Minnesota law, it is illegal to refuse a breathalyzer test when you are pulled over on suspicion of driving while under the influence of alcohol or drugs. When you refuse to take a breathalyzer, the law treats it as “implied consent.” This means that the law assumes that you have consented to taking a blood or urine test instead. The penalties for refusing a breathalyzer test in Minnesota can be steep, including jail time and fines. The punishment for refusal of a breathalyzer test depends on the number of prior DUI convictions you have had in the past 10 years. For a first offense, refusal of a breathalyzer test will result in a minimum of one year of license revocation, up to 90 days in jail, and a fine of up to $1,000. If you refuse a breathalyzer test for a second or third offense, the penalty increases significantly, including up to one year in jail and a fine of up to $3,000. Additionally, the state of Minnesota has an “implied consent law” which means that if you are pulled over for suspicion of driving under the influence, you are presumed to have consented to a breathalyzer test or a blood or urine test, regardless of whether you have refused a breathalyzer test. If the results of these tests are positive, Minnesota law allows a police officer to take you into custody and charge you with DUI. If you are charged with DUI in Minnesota, it is best to seek the advice of an experienced DUI attorney to help you navigate the legal process. An experienced attorney will be able to advise you on the best course of action and ensure that your rights are protected.

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What happens if I am charged with a DUI and I refuse a breathalyzer test?

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