Refusing a breathalyzer test in Minnesota is a serious legal matter that can have immediate and long-term consequences. Many people believe that saying no to a test will help them avoid a DWI conviction, but Minnesota law treats refusal as a separate offense that can result in penalties just as severe, if not worse.
In this blog, we’ll explain Minnesota’s implied consent law, what happens if you refuse a breath test, your rights and legal defenses, and how the team at Martine Law can help you protect your driving record and freedom.
What Is Minnesota’s Implied Consent Law?
Under Minnesota Statutes § 169A.51, the state operates under an “implied consent” law. This means that by driving a motor vehicle in Minnesota, you are deemed to have already given your consent to submit to a chemical test—such as a breath, blood, or urine test—if law enforcement has probable cause to believe you were driving under the influence.
This does not mean you are forced to take the test, but refusing it carries automatic administrative and criminal penalties.
When Can Police Ask for a Breathalyzer?
Police can request a breath test in two situations:
- Preliminary Breath Test (PBT): Conducted at the roadside, typically after a traffic stop.
- Evidentiary Test: Conducted at the police station or jail after arrest. This is the test governed by implied consent laws.
You have the right to refuse the preliminary roadside test without criminal penalty, but refusing the evidentiary test (the one after arrest) is a different matter entirely.
What Happens If You Refuse a Breathalyzer Test?
Refusing a breathalyzer after arrest can lead to both administrative and criminal consequences.
Administrative Penalties:
- License revocation for 1 to 6 years, depending on your history
- License plate impoundment
- Possible vehicle forfeiture if it is a repeat offense
Criminal Penalties:
- Refusal is a criminal offense under Minnesota Statutes § 169A.20, subd. 2
- May be charged as a gross misdemeanor or felony, especially if you have prior DWIs
- Up to 1 year in jail and $3,000 in fines for first-time refusal
- Enhanced penalties if injuries, minors, or prior offenses are involved
Refusing the test does not make the DWI charge disappear. In fact, you can be charged with both DWI and test refusal at the same time.
Can You Fight a Refusal Charge?
Yes, but it requires a strategic and well-prepared defense. Common legal defenses include:
1. Lack of Probable Cause
If the officer did not have a legal reason to arrest you, any subsequent demand for a test—and your refusal—could be challenged in court.
2. Violation of Right to Counsel
Minnesota drivers have the right to consult with an attorney before deciding whether to take a test. If law enforcement denied you access to a phone call or rushed the process, your refusal may be invalid.
3. Improper Test Procedures
Was the test request made according to state guidelines? Did the officer explain the consequences clearly? If not, your refusal might be thrown out.
4. Confusion Between PBT and Evidentiary Test
If you misunderstood the test you were being asked to take, or if the officer failed to clearly explain which test you were refusing, this can sometimes be used as a defense.
Does Refusing Help Avoid a DWI Conviction?
Not necessarily. While refusal may eliminate one piece of evidence (the test result), prosecutors often rely on other factors to pursue a conviction:
- Field sobriety test results
- Officer observations (slurred speech, bloodshot eyes, odor of alcohol)
- Video footage from the arrest
- Your own statements to police
In short, refusing a breath test may not stop the DWI case and instead adds an additional charge.
Impact on Your Driver’s License
The Minnesota Department of Public Safety (DPS) will take administrative action immediately after refusal. Your license may be revoked on the spot, and you’ll receive a temporary 7-day permit. After that, your license will be suspended for up to 1 year or longer.
To challenge the revocation, you must file a petition for judicial review within 60 days of receiving notice. This is a civil process that runs alongside your criminal case.
Martine Law can help you with both aspects of the legal process to protect your driving privileges.
Can You Get a Limited License?
Yes, in some cases you may be eligible for a limited license (also called a “work permit”) that allows you to drive to work, school, or treatment. You may also be required to enroll in the Ignition Interlock Device (IID) program to regain limited driving privileges.
Eligibility depends on your offense level and driving history. We can guide you through the application process and help reduce your license suspension time.
Is Refusal Ever the Right Choice?
It depends. Some people refuse breath tests because they are worried about the outcome or don’t understand the law. However, in most cases, refusal brings more complications than benefits.
It is always a good idea to consult a DWI attorney immediately after your arrest. If you refused a breath test, a knowledgeable lawyer can assess your case and determine whether the refusal can be challenged or negotiated.
What Should You Do After Refusing a Test?
- Do not panic – you are not alone, and defenses are available
- Contact a criminal defense attorney immediately
- Request a hearing to challenge your license revocation within 60 days
- Start preparing your defense with your attorney’s help
Our team at Martine Law is experienced in both refusal cases and DWI charges. We can help you explore all legal avenues and protect your rights at every stage.
Get Help from a Minnesota DWI Attorney
If you refused a breathalyzer and are now facing criminal charges or license suspension, reach out to the DWI defense team at Martine Law.
We’ve helped hundreds of Minnesota drivers fight back against charges and get their lives back on track. Schedule a free consultation today and let us start building your defense.