Implied Consent / Test Refusal Defense for clients in Plymouth and Hennepin County.
Local criminal defense
Plymouth cases often involve busy professionals and families looking to resolve matters efficiently and protect their records. Early legal guidance can help reduce disruption and avoid long-term consequences.
A test-refusal allegation can create a criminal case and a separate driver’s-license case. Minnesota law covers refusal of an evidentiary breath test under the applicable statutes and refusal of blood or urine testing required by a search warrant. The test requested, warrant, advisory, and statutory conditions matter. Andrew Davis reviews those details and the deadlines for challenging license action.
Read the complete Minnesota Implied Consent / Test Refusal guide →Verified local information
Plymouth is located in Hennepin County and served by the Minnesota Fourth Judicial District for state district-court matters. These are general contacts, not a hearing assignment. Confirm the court, location, and appearance instructions on your notice before attending.
Court information
300 South 6th Street, C-11, Minneapolis, MN 55487
(612) 348-6000
General Criminal and Traffic Division contact. This address is not a confirmation of your assigned hearing location; follow your court notice.
Visit the official court website →Local agency
3400 Plymouth Boulevard, Plymouth, MN 55447
(763) 509-5160
Visit the official agency website →Official court information for Hennepin County, including court programs, policies, and contacts.
Official information and resources from the prosecutor’s office serving Hennepin County.
Official City of Plymouth information about requesting police reports and records.
Minnesota law and defense
Minnesota criminal law applies statewide, but the court process, local agency records, and practical details of a case depend on where it is filed. The information below explains important issues Andrew reviews when defending implied consent / test refusal cases.
Yes. Minnesota law can make refusal of an evidentiary breath test, or blood or urine testing required by a search warrant, a separate crime when the statutory requirements are satisfied. Refusal may also trigger a separate license action. Andrew reviews what was requested, the legal authority for testing, the advisory, and the evidence of refusal before explaining the defense options.
Minnesota law provides for chemical testing when an officer has probable cause to believe a person was driving, operating, or in physical control of a vehicle while impaired and the statutory conditions are met. For an evidentiary breath test, the driver is advised that the test is required, that refusal is a crime, and that there is a limited right to consult an attorney before deciding, so long as the consultation does not unreasonably delay testing. Blood and urine tests are governed by different warrant rules. Refusing blood or urine testing required by a search warrant can also support a criminal charge when the statutory conditions are met.
Minnesota's breath-test advisory provides a limited right to consult with an attorney before testing, as long as the consultation does not unreasonably delay administration of the test. Whether a driver was given a meaningful opportunity to exercise that right can be an important issue in reviewing an implied-consent and test-refusal case.
Common questions
Minnesota’s implied-consent law governs chemical testing in specified DWI circumstances. Breath testing and warrant-based blood or urine testing follow different procedures. Refusing an evidentiary breath test, or blood or urine testing required by a search warrant, can be a crime when the statutory requirements are met.
Yes. A person may face both a DWI allegation and a separate test-refusal charge. Minnesota Statutes section 169A.20 covers qualifying breath-test refusals and refusals of blood or urine testing required by a search warrant. Andrew reviews the legal basis for each charge.
A criminal breath-test refusal is commonly a gross misdemeanor when no higher enhancement applies, with a maximum of up to 364 days in jail and a $3,000 fine. It can also trigger separate driver's-license consequences. Prior impaired-driving history and other facts can change the exposure.
The procedures differ, but criminal refusal is not limited to breath tests. Minnesota law also criminalizes refusal of blood or urine testing required by a search warrant when the statutory conditions are met. The warrant, advisory, test offered, and any requirement to offer an alternative test must be reviewed.
A person generally has 60 days after receiving the notice and order of revocation or disqualification to petition for judicial review in district court. Because the license case can move separately from the criminal case, it is important to identify the deadline immediately.
Free and confidential
If you need help with implied consent / test refusal in Plymouthor Hennepin County, contact Andrew Davis to discuss what happened and what comes next.