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DWI Refusal Attorney in Minneapolis, MN
Understanding DWI Refusal Charges in Minnesota
In Minnesota, if you’re arrested on suspicion of driving while impaired (DWI), you’re legally obligated to submit to a chemical test—typically a breath, blood, or urine test—to determine your blood alcohol concentration (BAC). Refusing to take this test is a separate criminal offense known as “DWI refusal.”
It’s important to note that Minnesota’s implied consent law means that by driving on Minnesota roads, you’ve already agreed to submit to chemical testing if lawfully arrested for DWI. Refusing the test can lead to significant legal consequences, including criminal charges and administrative penalties.
Consequences of DWI Refusal
A DWI refusal charge in Minnesota carries serious repercussions:
- Criminal Penalties: Refusal can be charged as a misdemeanor, gross misdemeanor, or even a felony, depending on prior offenses and circumstances.
- License Revocation: Refusing the test typically results in a longer driver’s license revocation period compared to failing the test.
- Ignition Interlock: You may be required to install an ignition interlock device on your vehicle to regain driving privileges.
- Vehicle Forfeiture: In certain cases, especially with prior offenses, your vehicle could be subject to forfeiture.
These penalties are in addition to those you might face for the underlying DWI charge.
Breath Test Refusal vs. Blood Test Refusal
The type of test you refuse can impact your case. The U.S. Supreme Court has ruled that while warrantless breath tests are generally permissible, warrantless blood tests are not, due to their invasive nature. This distinction can be crucial in building your defense strategy.
“No Refusal” Policies
Some jurisdictions implement “no refusal” policies, meaning that if a driver refuses a breath test, law enforcement will quickly obtain a warrant to conduct a blood test. Understanding how these policies work in your area is essential, as they can affect the legality of the test and the admissibility of the results.
Defending Against DWI Refusal Charges
At Shek Law, we have extensive experience defending clients against DWI refusal charges. Our approach includes:
- Examining the Arrest: We scrutinize the circumstances of your arrest to ensure that law enforcement followed proper procedures.
- Challenging the Refusal: We assess whether the refusal was a clear, conscious decision or if there were misunderstandings or communication issues.
- Analyzing Test Requests: We evaluate whether the request for a chemical test was lawful and whether you were properly informed of the consequences of refusal.
- Negotiating Penalties: We work to minimize the impact on your driving privileges and criminal record, exploring options like plea agreements or alternative sentencing.
Why Choose Shek Law?
Being based in downtown Minneapolis, just minutes from the government center and courthouse, we have in-depth knowledge of local laws and court procedures. Our familiarity with the nuances of DWI cases in Minnesota allows us to provide personalized and effective legal representation.
Contact Shek Law Today
If you’re facing a DWI refusal charge in Minnesota, don’t navigate the legal system alone. Contact Shek Law for a consultation and let our experience work for you.
For extensive legal advice and to retain a lawyer, – Call 612-895-SHEK today. Maxwell Shek is an affordable DWI and Criminal Defense attorney with payment plans available to those in need.