Increased Penalties for DWI/BWI Read More Now

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Caplan & Tamburino Law Firm, PA

We have over a century of collective legal experience and have been practicing in state and federal courts across Minnesota since 1983.

DWI Breath Test Refusal in Minnesota

Understanding Minnesota’s Implied Consent Law

According to Minnesota Statute § 169A.51, any person who drives or operates a motor vehicle in the state consents to a chemical test of their breath for the purpose of determining if they are under the influence of alcohol and/or drugs. This is known as “implied consent.” Essentially, if you are suspected of driving while intoxicated (DWI), and you refuse to take a breath test, you can be penalized. Under Minnesota’s implied consent law, you could face civil and criminal penalties for refusing to take a chemical DWI test.

Currently, the penalties for a first-time refusal include:

  • One-year license revocation
  • Up to $3,000 in fines
  • Maximum of one year in jail

You should also know that refusing to take a breath test could result in a separate gross misdemeanor charge—which is typically more serious than a first-time DWI offense. For this reason, it may not be in your best interest to refuse. With the help of a Minneapolis DWI defense attorney from Caplan & Tamburino Law Firm, P.A., you may be able to challenge the outcome of your breath test.

Can I Be Penalized for Refusing to Take a Blood Test?

While the state’s implied consent law previously included breath, blood and urine tests, the Minnesota Court of Appeals recently ruled that a search warrant is required for DWI blood tests. The court stated that “Blood draws are serious intrusions into the human body that implicate a person’s most personal and deep-rooted expectations of privacy”—which goes against our Fourth Amendment rights.

For this reason, police are now required to obtain a warrant before testing a suspected drunk driver’s blood. This means that you cannot be penalized for refusing to consent to a warrantless blood draw. However, the Minnesota Supreme Court did uphold the constitutionality of warrantless breath tests, which means that you can still be penalized for refusing to take a breath test after a DWI arrest.

We Take Calls 24/7 – Call Now for a Free Consultation

If you have been arrested for DWI, it is important to act quickly. Caplan & Tamburino Law Firm, P.A. is available to take your call 24/7, so don’t wait any longer to get in touch with the Minneapolis DWI lawyers at our firm. Over the years, we have handled hundreds of jury trials! We are also backed by 100+ years of collective legal experience, so you can trust that your future will be in good hands.

Call our office today at (612) 444-5020 to schedule your free DWI consultation!

Put Our Attorneys On Your Side

Our team has 100 years of collective experience. Our lawyers, Allan Caplan and Joe Tamburino, are frequently featured on local news networks, including radio and television appearances on Fox and WCCO radio. This has helped Caplan & Tamburino Law Firm, P.A. rise to prominence and gain a solid reputation of fighting vigorously not only for our clients, but also against the injustices they face when they have been charged with a crime or have been wrongfully injured.

Attorney Profiles

Recent Case Victories

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    Outcome: After client was charged with a third DWI in 10 years, his license was revoked and he had to install the ...

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    Outcome: Because of a new felony DWI conviction, Client was facing prison time in Dakota County where he was already on ...

  • 4th Degree DWI Case Resolved

    Outcome: Client was charged with misdemeanor DWI after he was stopped and a warrant for a blood test was obtained by the ...

  • Third-Degree Assault Case Dismissed

    Outcome: Client, who was represented by attorney Hillary Parsons, was charged with Felony 3 rd Degree Assault and ...

  • Expungement – Terroristic Threats Case Dismissed

    Outcome: Client was represented by attorney Hillary Parsons after he was charged with felony Terroristic Threats in ...

  • Gross-Misdemeanor DWI, Driving After Cancellation and Leaving Scene of Accident Charge Dismissed

    Golden Valley police officers responded to client’s house investigating a traffic accident and possible assault where ...

  • Domestic Assault Case Dismissed

    Outcome: Mr. Caplan convinced the prosecutor that the victim was not credible and the case was dismissed.

  • Criminal Sexual Conduct Reduction of Charges

    Outcome: Client was charged with 11 different felony counts of Criminal Sexual Conduct and was facing decades in prison. ...

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We take calls at any time of the day or night, so please don’t wait to find out how we can assist you. During your first meeting, we'll evaluate your case and determine if we are the right fit for you.

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