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.

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!

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

What Our Clients Are Saying

  • “ Today I had a court appearance where your attorney, LIS CARLSON represented me. I must start at the beginning, MS. CARLSON returned my phone call to her with in an hour of my first call to your office. I was overwhelmed with gratitude for the quick response to my call & most important how LIS immediately made me feel, she was professional, caring, her ability to immediately know that I was a total mess. Before she finished with my call she made sure that I was alright, her compassion for me was extremely needed. I immediately felt there couldn’t be a better attorney in the state better than LIS! Throughout this entire process, Lis was a pillar of strength. I was amazed at how she handled everything with extreme care & some very excellent, professional legal skills. I count my blessings but I count them twice when I came to LIS. The world needs more people like LIS, smart, intelligent, kind and caring.” - P.G.
  • “How do I ever thank you enough for your amazingly great strategy that got my case dismissed! ” - J. E.
  • “ Kayla Wengronowitz was my attorney in a claim against me involving Title IX and won my difficult and extensive case. She was a beacon of hope to me when my options seemed very limited. Kayla provided clarity for me to understand everything happening in the case, she made smart and calculated decisions, she made sure I was comfortable with every decision she made, and she responded to difficult situations seemingly with ease. Most importantly, Kayla was empathetic and provided comfort throughout the strenuous process. I am extremely grateful for her service and highly recommend her without reservation.” - Anonymous
  • “I strongly recommended to anybody who needs a criminal lawyer representation ” - M.M.
  • “ I just wanted to thank you so much! I am so pleased with all the hard work you put in. I would have never had the chance to get the outcome I did without you. You did an amazing job and we are feeling very greatful to have made the right call when we chose you.” - P.K.
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Recent Case Victories

  • Felony Drug Crime Avoided Jail Time

    Outcome: Client was charged with a felony drug crime in Hennepin County. Client had previous felony drug crimes on their ...

  • Traffic Violation Case Dismissed

    Outcome: Client was charged with a misdemeanor traffic violation. Attorney Kayla Wengronowitz was able to have the case ...

  • Gross Misdemeanor Indecent Exposure Not Guilty

    Outcome: Client was charged with Indecent Exposure after a woman claimed he was masturbating in his car in a public ...

  • Title IX Not Responsible

    Outcome: Client was investigated by a small private college in southern Minnesota for conduct which fell under both the ...

  • Multiple Driving Violations Acquitted

    Client was charged with Duty to Drive with Due Care (Speed Greater than Reasonable), Impeding Traffic, and Careless ...

  • DWI 4th Degree Reduction of Charges

    Client was charged with a 4 th degree DWI in Hennepin County due to operating a motor vehicle with a test result greater ...

  • Fifth-Degree Possession and DWI Stay of Adjudication Granted

    Outcome: Client, who was represented by attorney Hillary Parsons, was charged with DWI and felony drug possession after ...

  • Dog Bite Personal Injury

    Outcome: A young professional woman was visiting Minnesota on business when she was attacked by a client’s dog. She ...

  • Domestic Assault Case Dismissed

    Outcome: Client, who was represented by Attorney Hillary Parsons, was charged with domestic assault after an incident ...

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Watch Our Videos

Our Minneapolis criminal defense lawyers are passionate about protecting our clients' rights as they navigate the legal system. Watch our videos to learn more about what drives our firm to fight for our clients' freedoms and futures or to view our attorneys as they share their experience and insight on various news and media outlets.

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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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