Defense for 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.
What Should I Do If I’VE BEEN ARRESTED?
-
1. Don’t Talk to the Police!
It’s crucial to know that while you should remain respectful with authorities, you have the right to remain silent. This a right protected by the Fifth Amendment of the U.S. Constitution, which makes it clear individuals are protected from being compelled to be a witness against him / herself in criminal matters.
It’s important to note that:
- Talking will not help you avoid an arrest. If law enforcement has probable cause to arrest you, then they will arrest you.
- By speaking, you risk making a confession or providing information that can be used to indict you, even unknowingly.
- Even if you feel that information being discussed is “harmless,” it is still in your best interest to invoke your Fifth Amendment right.
-
2. Ask for a Lawyer!As soon as you can you should elect your right to have a defense attorney present. A Minnesota criminal defense lawyer or public defender can ensure the police do not violate your rights and help you avoid saying anything incriminating during questioning. Caplan & Tamburino Law Firm is available 24 hours a day, seven days a week, so that we can be by your side whenever you need us. Call now!
MAKING A DIFFERENCE FOR OUR CLIENTS
-
“I'm deeply thankful for the team at Tamburino Law Group”
Writing on behalf of my brother, I'm deeply thankful for the team at Tamburino Law Group and how quick Joe responded to my online request. I received same day phone call and explained the situation to him, and he was able to accommodate a time and day that work for us to meet with Hannah. I would like to express my sincere gratitude to Hannah for her expert guidance and representation throughout the case. I would totally recommend this law firm.- D.Y. -
“Thank you and your law firm, Mr. Tamburino.”
- C.V.Thank you and your law firm, Mr. Tamburino. To be honest, going into this case I was lost in all the steps and confused on what to do. With the help from you, Ashley, and Tyler, I can say I felt relief that I had wonderful lawyers to help me through this incident. In the past 9 or 10 years, I had always tried to figure things out myself. Going into this issue, I was discouraged on my ability to avoid the harsh punishment of one bad decision I had made on the day of my arrest. You and your team gave me the hope and belief that I needed. So I just wanted to give you my thanks. If ever I have anyone who needs a lawyer I will most definitely recommend you and your firm.
-
“Outstanding and professional”
Thank you for everything you have done to help me with this court case. Without your help, things would definitely not have gone as well. Tamburino Law Group goes above and beyond to help clients. They are prompt, courteous, and professional. Highly recommend.- J.B. -
“Great care and compassion.”
I don't know any lawyers who would do what Tamburino Law Group did for their client. Their care and concern show a great deal about their heart and compassion for others. Thank you for being so supportive.- R.H. -
“This settlement changed my life.”
I came to Tamburino Law Group in 2018 after a severe accident left me unable to work and in constant pain. The firm helped me secure a $700,000 award, far exceeding my expectations. Their tireless efforts have completely changed my life, covering medical bills and future wage loss.- K.M. -
“I cannot thank you enough for your help!”
“Your patience, knowledge and especially your attention to detail was admirable.” -
“This settlement has completely changed my life.”
“This settlement has completely changed my life. I appreciate Joe and Hannah’s tireless effort.”- K.M. -
“Thank you for being so supportive”
“I just want to say that I don’t know any lawyers who would do what you did for your client.”- R.H.
-
Case Dismissal Assault Charges
Attorney Joe Tamburino represented a client in Anoka County on multiple assault charges involving multiple alleged victims. Joe litigated the matter for almost a year, and on the day of trial he got the case dismissed. His client was very happy.
-
Reduction of Charges Felony Theft
-
Case Dismissed Felony Stragulation
-
Case Dismissed HRO Respondent
-
No Executed Jail Time Criminal Sexual Conduct 3rd Degree
REAL PEOPLE. REAL RESULTS.
- Assault Charges
- Felony Theft
- Felony Stragulation
- HRO Respondent
- Criminal Sexual Conduct 3rd Degree