When you’re arrested on suspicion of driving while impaired (DWI), the police may ask you to take a chemical test that measures your blood alcohol concentration (BAC). The results of the test are crucial for prosecutors to prove intoxication in court.
Many drivers think refusing the test gives them an advantage by denying the prosecution critical evidence. However, it’s not necessarily the case. While you can refuse to take the test, there will be consequences, and it helps to understand the implications of your decision.
The law in Minnesota
By driving on Minnesota roads, you’ve already legally consented to submit to a chemical test if you’re arrested for DWI. Refusing a BAC test after a lawful DWI arrest is a crime, separate from the drunk driving charges you may face. You could be jailed, fined or both for refusing the chemical test.
Your driver’s license could also be automatically revoked for one year or more, even if you’re not convicted of DWI. Additionally, prosecutors can use your refusal to take the test in court to support the narrative that you knew you were guilty.
Protect your rights
It’s worth noting that having a BAC level over the legal limit is not required for a conviction. You’re not off the hook just because you refused a test or the results were inconclusive. The prosecution can build a strong case and even secure a guilty verdict using other evidence, such as dashcam or bodycam footage, witness testimony and the officer’s observations.
If you’ve been arrested for drunk driving or are facing charges for refusing to take a chemical test, seeking early legal guidance can help you understand your options towards the best possible outcome for your case.
