What happens if you refuse a breathalyzer in minnesota

What is a reasonable amount of time is not precisely defined, but generally the officer will allow you more time if they can see that you are continuing to actively seek out an attorney. There are typically two situations where this can happen.

The most common is when someone tries to fool the officer or the machine. This is often done when someone sticks their tongue in the mouthpiece in an effort to keep their breath from actually getting into the machine. Alternatively, some people will attempt to blow air out the sides of their mouth in an effort to keep their breath out of the tube.

The other situation this commonly happens in is when someone due to a medical or health condition simply cannot blow enough air into the machine. In order to collect a valid sample, the Datamaster machine needs at least 1. If someone does not have the lung capacity to blow 1. If you attempted to take the test, but were charged with refusal anyways, you need to hire an attorney immediately because there may be a defense to the charge. What you do have the right to do is consult with an attorney within a reasonable amount of time before you take the test.

In the end, if you fail the test, there may be options available to help achieve a positive outcome in the case. An experienced DWI attorney will be able to help you navigate the court system, build a solid defense, and help you achieve the best possible outcome for your charges.

Thousands of people in Minnesota are arrested each year for driving under the influence. Even if you submit to field sobriety testing, there may be options that can help you. We can review your case and help you determine the next best steps.

Give our team a call today to schedule your consultation. Facing criminal charges means you need someone in your corner who understands how the system works. Attorney Kevin DeVore knows your rights and will fight to protect them.

The tests may include a breathalyzer also known as a PBT or Preliminary Breath Test , horizontal gaze nystagmus HGN , standing on one leg, or walking in a straight line. There is much confusion on whether you can refuse field sobriety tests in Minnesota, but the answer is yes, you can. Field sobriety tests are often stacked against us because we have never done them before. This makes you more likely to fail, and typically you have little to gain from them. In most cases, even if you do well on one field sobriety test, they will still make you perform a breath test.

Furthermore, if you are over the limit, failing these tests only makes your DWI case that much harder to win. Now this is where people often get confused. While you can refuse a field sobriety test on the road, it is a crime to refuse a blood, urine, or breath test done at the police station or hospital.

The officer must also inform the driver of the right to contact an attorney and give the driver a reasonable amount of time to do so. However, the driver can't use this right to unreasonably delay the chemical test.

There's no predetermined amount of time an officer must give a driver to contact an attorney. But case law suggests 20 to 30 minutes is reasonable. However, recent court decisions have found certain criminal penalties for test refusal to be unconstitutional. As a result, refusal to take a blood or urine test can no longer be criminally prosecuted. Criminal penalties may be imposed only for refusing a breath test.

Criminal penalties. But a first DWI that involves a breath test refusal is a gross misdemeanor a third-degree DWI —a more serious offense.

The increased criminal penalty serves as a statutory incentive to take the breath test.