No Breath Test No DWI is not True

I have potential clients call me thinking they have escaped a Minnesota DUI charge by refusing to take the Intoxilizer test after they have been arrested for DUI. The thinking is, if the police do not have a BAC test result, they won’t have the evidence needed to show probable cause for the DUI. That is wrong! It used to be true, but Minnesota legislature changed the DUI laws so that now, simply refusing to take the test is a more serious crime than taking the test and failing it.

It is important to fully cooperate with the police as they give you the test. If the police think you are trying to manipulate the result by not fully breathing out, or you are following their instructions, or you are unreasonably delaying the test, the police will deem your conduct as a constructive refusal, and you will be charged with the crime of Test Refusal.

What you do have a right to, and what the police do not have to tell you, is that you have the right to obtain your own independent BAC test after taking the test the police give you. You have the responsibility to arrange for the test to be administered, and to pay for it. We work with area companies that provide that service. If you need to speak with an attorney or need an introduction to an independent BAC testing company, please call now.