Dakota County DWI Test Refusal: A Guide from Jack Rice Defense, Dakota County’s Premier DWI Test Refusal Attorney
By Sullivan Rice
Facing a DWI stop can be an overwhelming experience, especially if it's your first encounter with law enforcement regarding a potential DUI. Many individuals are unsure of what to do when asked to take a chemical test.
It’s crucial to understand that while drivers have the right to refuse a chemical test, doing so can lead to significant criminal and administrative consequences. Consulting with an experienced attorney is essential, and Jack Rice, a skilled Dakota County DWI attorney, is here to help you navigate this challenging situation.
"Jack is a member of the National College of DUI Defense and a graduate of the esteemed NCDD Standard Field Sobriety Test Program."
Your Rights When Refusing a DWI Chemical Test
If you’ve refused a DWI chemical test and are facing potential consequences, Jack Rice Defense can help you achieve the best possible outcome. With a background as a former prosecutor, Jack brings unique insight into how the prosecution builds its case, giving him the ability to craft a strong defense on your behalf.
At Jack Rice Defense, we proudly represent clients throughout Dakota County, including cities such as Apple Valley, Burnsville, Eagan, Farmington, Lakeville, Rosemount, South St. Paul, and Inver Grove Heights, as well as other areas in the Twin Cities metro, including Hennepin, Ramsey, and Washington Counties.
Understanding DWI Test Refusal
What Are Chemical Tests?
Under Minnesota law, all drivers are considered to have given their consent to chemical testing of their blood, breath, or urine to check for alcohol or controlled substances. In most cases, law enforcement will ask for a breath test to measure your blood alcohol concentration (BAC). However, if there is suspicion of intoxication due to drugs or other substances, a blood or urine test may be requested.
Chemical tests may be required if law enforcement has probable cause based on specific circumstances, such as:
- Arrest of the individual
- Involvement in an accident resulting in injury or property damage
- Refusal of preliminary testing
- BAC over 0.08
- The driver is unconscious or unable to refuse, at which point consent is presumed, and a blood test can be performed.
Who Can Administer Chemical Tests?
Only qualified professionals are authorized to conduct blood tests in Minnesota, including medical technicians, registered nurses, and other trained personnel. You may also request a separate test at your own expense while in custody.
Breath tests in Minnesota must be administered by officers trained in accordance with state regulations.
Implied Consent Advisory
Before administering a chemical test, officers are required to inform you of your rights, including the fact that refusing a test is a criminal offense under Minnesota law. Signing a refusal form can result in serious legal consequences, including a criminal charge.
You also have the right to consult an attorney before making your decision, though this consultation cannot delay the testing process unduly. Officers must provide you with reasonable time to contact an attorney.
“A DWI or DWI Test Refusal can have severe consequences on your life. Make sure you consult with an experienced DWI and DWI Test Refusal Attorney.”
Consequences of Refusing a Chemical Test
Refusing to take a chemical test can lead to both criminal and administrative penalties. The refusal is reported to the Minnesota Department of Public Safety and treated as a third-degree DWI, which can carry penalties of up to one year in jail and/or a fine of up to $3,000. In addition, there may be vehicle forfeiture or other consequences.
Upon refusal, your driver’s license may be immediately revoked, but you will be issued a seven-day temporary permit. A refusal can lead to a one-year suspension of your driving privileges, although first-time offenders may be eligible for a reduced suspension period of 90 days. Subsequent DWI offenses can result in longer suspension periods.
If you are facing DWI charges or a test refusal in Dakota County or the broader Twin Cities area, it’s important to consult with an experienced Minnesota DWI attorney. Reach out to Jack Rice Defense for a free and confidential consultation at 651-447-7650 or 612-227-1339. Your livelihood, reputation, and future are too important—ensure you have Jack Rice Defense on your side, fighting for your rights.
