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Getting pulled over on suspicion of a DWI is one of the scariest experiences you can face on the road. One of the first decisions you may face is whether to take a roadside or preliminary breath test. Should you refuse a breathalyzer or field sobriety test in Minnesota?
This decision is very important and can really determine the potential consequences and effects of moving forward with your case.
In Minnesota, you are legally allowed to refuse a roadside or preliminary breath test before arrest without facing any direct criminal penalties.
You are also allowed and have the right to remain silent and respectfully refuse to answer any questions, like “Have you had anything to drink tonight?” or “Where are you coming from?” Some helpful responses to any question to avoid self-incrimination include: “Officer, I respectfully decline to answer that question,” and “I’d like to speak with my attorney before answering any questions.”
These roadside tests include the handheld breathalyzer and field sobriety exercises, such as the walk and turn, one-leg stand, or horizontal gaze nystagmus test, where the officer asks you to follow a penlight or finger with your eyes.
Police use these tests and questions to build probable cause for a DWI arrest, but remember, you are not legally required to participate in any test before being arrested, nor are you required to answer any questions.
You are also not required to consent to any searches of the vehicle unless the officer has legal justification, such as probable cause, a warrant, or your consent, of course.
If the officer casually asks, “Mind if I take a quick look in your car?”, as long as it’s not a legal command, a respectful and effective response is, “I do not consent to any searches.”
However, you are required to provide your driver’s license, vehicle registration, and proof of insurance.
These roadside tests are highly subjective. Factors like poor balance, cold weather, uneven pavement, or even nervousness can all lead to inaccurate or misleading results.
The reason we recommend remaining silent and refusing roadside tests is simple. It protects you by avoiding statements that could be used against you and limits the officer’s ability to gather evidence. This gives you the best possible chance of avoiding charges or resolving your case favorably.
Once you are formally arrested, things change. At that point, Minnesota has an implied consent law that states that by operating a motor vehicle in the state, you have already agreed in advance to submit to a chemical breath, blood, or urine test.
It’s at this point that refusing this formal test is not just a violation of administrative rules on the civil side, but it is also a separate gross misdemeanor offense on the criminal side. Even if no DWI conviction follows, the act of refusal alone triggers a mandatory one-year revocation of your driver’s license.
The refusal is documented by the officer and then reported to the Department of Public Safety, which begins the license revocation process.
In some cases, involving more serious offenses, such as suspected criminal vehicular homicide or injury, law enforcement may be authorized to compel a test even without your consent.
The consequences for refusing the test after arrest begin almost immediately, though the revocation may take a few days to formally take effect. You may receive a temporary license that remains valid for seven days, but after that, your full revocation period begins unless you take legal action to challenge it.
Fortunately, you are not without options after a test refusal or failure. If done within 60 days of the revocation, you still have the right to file a petition for judicial review in civil court. This petition is typically filed with the help of an attorney and asks a judge to review the legality of the stop, the arrest, and the implied consent advisory to determine whether the revocation was lawful. Filing the petition may buy you extra time to keep your license before any criminal conviction is entered.
In addition to challenging the revocation, you may also be eligible for a limited license, also known as a work permit or the ignition interlock program, depending on your prior record and the specific facts of your case. These options can allow you to drive legally during your revocation period under certain conditions.
So, should you refuse a breathalyzer or field sobriety test in Minnesota? In the end, every situation is different, and there’s no one-size-fits-all answer. That said, there are some key takeaways that can help you make a more informed decision should you ever find yourself in this situation.
If you’ve recently refused a test, failed one, or are facing DWI charges of any kind, the clock is ticking, and what you do next matters. Acting quickly can make a significant difference in whether you’re able to keep your license, fight the charges, or reduce the long-term consequences.
While it may feel like your options are limited, there are often ways to challenge the legality of the stop, the arrest process, or how the test was requested or administered. Every case is different, which is why it’s so important to speak with a qualified defense attorney as early as possible.
At BK Law Group, we’ve handled thousands of DWI cases across Minnesota, and we understand how prosecutors and judges approach these situations. We know what to look for, where police often overstep, and how to build a strong defense that protects your record, your license, and your future.
Don’t wait until your license is gone or your court date is around the corner. If you are facing DWI charges or a license revocation, contact our office today for a confidential, free consultation.
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