When you’re pulled over for suspected DWI in Minnesota, one of the most stressful moments comes when the officer asks you to take a breath, blood, or urine test. Many people hesitate—worried that the results will be used against them. But refusing the test can have serious legal consequences of its own.
At Martine Law, we’ve helped countless clients who faced DWI and test refusal charges understand their rights and options. Knowing how Minnesota law treats chemical test refusals can help you make better decisions and protect your driving privileges.
Minnesota’s Implied Consent Law
Under Minn. Stat. §169A.51–§169A.53, Minnesota drivers are bound by what’s known as the implied consent law.
That means when you drive on Minnesota roads, you automatically give your consent to submit to a chemical test (breath, blood, or urine) if you are lawfully arrested for DWI.
However, this consent only applies after:
- You’ve been arrested on probable cause for DWI, and
- The officer reads you the implied consent advisory, explaining your rights and consequences of refusal.
Refusing a test at that point is a separate criminal offense—and it can lead to penalties that are just as serious, or even harsher, than a standard DWI conviction.
What Counts as a Refusal?
A “refusal” doesn’t just mean saying “no.” Minnesota law considers several actions to be a refusal, including:
- Explicitly declining the test
- Remaining silent or uncooperative after being asked
- Failing to provide a sufficient breath sample
- Attempting to delay the test excessively
- Agreeing to one type of test but refusing another (such as refusing blood after a breath test request)
In short, anything that prevents the officer from obtaining a valid test result may be treated as a refusal.
Criminal Penalties for Refusing a Test
Refusing a chemical test in Minnesota is considered a gross misdemeanor, even if it’s your first DWI-related offense.
Here’s how the penalties typically break down:
| Offense Type | Charge Level | Maximum Jail Time | Maximum Fine |
| 1st-time refusal | Gross misdemeanor | 1 year | $3,000 |
| 2nd or 3rd offense | Gross misdemeanor | 1 year | $3,000 |
| 4th offense (within 10 years) | Felony | Up to 7 years | Up to $14,000 |
You can review these penalty levels under Minn. Stat. §169A.20, Subd. 2 and related DWI sentencing provisions.
In addition to these criminal penalties, test refusal carries administrative penalties that affect your driver’s license and vehicle.
License Revocation and Plate Impoundment
Even before your case goes to court, refusing a test triggers automatic driver’s license revocation through the Minnesota Department of Public Safety (DPS).
The typical consequences include:
- First refusal: One-year license revocation
- Second refusal (within 10 years): Two-year revocation
- Refusal with prior DWI: Possible license cancellation or plate impoundment
In many cases, you can regain limited driving privileges through the ignition interlock program, which allows you to drive with a device that measures your BAC before starting the car.
How Refusal Affects Your DWI Case
Refusing a test doesn’t mean the state has no evidence against you. Prosecutors can still pursue a DWI conviction using:
- Field sobriety test results
- Officer observations (odor of alcohol, slurred speech, poor coordination)
- Dashcam or bodycam footage
- Witness statements
Additionally, the fact that you refused the test can be used against you in court as evidence of “consciousness of guilt.”
This means the prosecution may argue you refused because you knew you would fail the test—though your defense lawyer can counter this argument by showing other reasons, like confusion or fear.
Common Defenses to Test Refusal Charges
Every case is unique, but several strong defenses may apply depending on your situation:
1. Unlawful Stop or Arrest
If police didn’t have probable cause to stop or arrest you, any request for a chemical test may be invalid—and so is the refusal charge.
2. Improper Advisory
Officers are required to read a specific implied consent advisory before requesting a test. If they failed to do so correctly, the refusal may not stand.
3. Medical or Physical Inability
If you were physically unable to provide a sample (for example, due to asthma or anxiety), your lawyer can argue that it wasn’t a true refusal.
4. Confusion or Misunderstanding
Many drivers are genuinely confused by the advisory or think they have a right to consult a lawyer first. If you asked for clarification or acted in good faith, this can be a mitigating factor.
5. No Valid Test Offer
Police must clearly offer a specific test and have proper equipment ready. If they didn’t follow the correct process, refusal may not apply.
Can You Still Win a Refusal Case?
Yes. Despite how serious these charges sound, they can be successfully challenged. Many refusal cases are reduced or dismissed because of procedural errors, lack of probable cause, or confusing communication by police.
An experienced Minnesota DWI attorney will:
- Review police reports and video footage for violations
- Examine whether the implied consent advisory was read correctly
- Investigate if you were given a fair opportunity to comply
- Challenge both the criminal and administrative sides of your case
Why Legal Help Matters
A refusal charge can lead to losing your license, paying heavy fines, and facing jail time—all without ever taking a test. These cases move quickly, and deadlines for appeals or administrative reviews are strict.
At Martine Law, our DWI defense team works to protect your license, your record, and your reputation. We’ll guide you through each step, from contesting the revocation to fighting the criminal charges in court.
If you’ve been charged with DWI test refusal in Minnesota, time is critical. Contact Martine Law today for a confidential consultation. We’ll review your case, explain your rights, and help you build a strong defense.