Minnesota Implied Consent & Breath Test Refusal Defense

In Minnesota, the answer is often yes. Under the implied consent law, if you are lawfully arrested on suspicion of DWI and refuse a requested breath test, you can be charged with a separate crime test refusal on top of any impaired driving charge. Many people believe that refusing to blow will protect them from a DWI conviction. In reality, refusal frequently leads to harsher penalties, both in criminal court and with the Department of Public Safety. Davis Defense helps you understand exactly what you are facing and how best to respond.

Minnesota’s implied consent law says that anyone who drives on Minnesota roads is considered to have consented to chemical testing breath, blood, or urine to determine the presence of alcohol or drugs, if law enforcement has probable cause. The test is treated as a legal “search,” and refusing that search can itself be a crime. In many cases, the officer does not need a warrant for a breath test but may need one for blood or urine, depending on the situation and current law. The result is a complicated mix of criminal charges and civil license penalties that can be overwhelming without experienced legal help.

Minnesota DWI law has changed significantly in recent years, especially regarding blood draws and warrants. Following decisions from the United States Supreme Court, it is unconstitutional in many situations to criminalize refusal of a warrantless blood test. As a result, for incidents after July 1, 2017, officers typically must choose: either offer a breath test and pursue refusal charges if you decline, or obtain a search warrant for a blood sample. These distinctions matter. Whether the officer read the correct advisory, obtained a valid warrant, and followed proper procedures can all affect the strength of the state’s case and the legality of any refusal charge.

If you refused a test or are accused of refusing, your next steps are critical. Here’s how the process usually unfolds and how Davis Defense can help:

1. Arrest and Advisory – You are arrested on suspicion of DWI and read the implied consent advisory explaining your testing options and potential consequences.
2. Refusal or Test Result – You either refuse the test or provide a sample that may later be used against you in court.
3. License Action – The state may move quickly to revoke your driver’s license based on the alleged refusal or test result, often with strict deadlines to challenge the revocation.
4. Criminal Charges – You may be charged with DWI, test refusal, or both. Andrew reviews the reports, videos, and advisory to identify legal issues and defense strategies.
5. Defense Strategy – We decide how to challenge the criminal case and the implied consent case, whether through motions, negotiations, or preparing for trial, with the goal of reducing or avoiding the long-term impact on your record and your ability to drive.