Start With Your Free Consultation 612.444.5020

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

  • Underage Consumption Case Resolved

    Defense: Evidence Suppressed Outcome: Client was charged with underage consumption after he submitted to Preliminary ...

  • Restraining Order Dismissed Client Won

    Case: Harassment Restraining Order Outcome: Our client, K.S. was accused of harassing his ex-girlfriend who petitioned ...

  • Conspiracy to Deliver 100,000 Tablets of Ecstacy No Executed Jail Time

    Outcome: Client was hired as a courier by a drug dealer in Canada to transport 100,000 tablets of Ecstacy to New York in ...

  • 1st & 3rd Degree Criminal Sexual Conduct investigation

    Defense: 1 st & 3 rd Degree Criminal Sexual Conduct investigation? Outcome: Client was accused of having sexual ...

  • Felony DWI Case Resolved

    Defense: Non prison disposition Outcome: Client was charged with his third Felony DWI in a period of ten years and his ...

  • Title IX (Sexual Misconduct) Case Dismissed

    Our client was notified by Gustavus College that he was being accused of sexual harassment by a student. Upon learning ...

  • Two counts of 5th Degree Assault against a child Not Guilty

    Outcome: Our client was charged with two counts of 5th-degree assault against a child. After a year of litigation and ...

  • Harassment Restraining Order

    Defense: Dismissal Outcome: Client, C.D., was served with a harassment restraining order by her ex-boyfriend’s new ...

  • Third Degree Criminal Sexual Conduct (CSC) Reduction of Charges

    Outcome: Our client was charge with 3rd degree criminal sexual conduct, which called for a presumptive prison sentence ...

View More

Don't Wait To Request Your Free Consultation

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.

  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please make a selection.
  • Please enter a message.