Minnesota’s DUI laws are complex, which can lead an uninformed person to destroy any chance of a good defense before they’ve had a chance to talk to an attorney. Â One of the biggest pitfalls someone can find themselves in is refusing a DWI test and unknowingly handing an easy conviction to the prosecutor.
What is the crime of DWI Test Refusal?
DWI Test Refusal is very similar to a regular DWI. Â However, the crime the person commits is not driving while intoxicated — it is refusing a DWI test when the police officer has probable cause to believe a person was driving while intoxicated. Â The difference may sound minor, but it can lead to some very big consequences apart from a regular DWI. Â Under Minnesota law, a police officer can require someone to submit to a DWI test if the officer has a reason to believe the person was drunk driving. Â This is Minnesota’s implied consent law — by using Minnesota’s roads you consent to submit to a DWI test if an officer has probable cause. Â Refusing to take the test is a crime, which is often more severe than a regular DWI if you had taken the test.
Why is a DWI Test Refusal worse than a DWI?
Initially, DWI Test Refusal was a more lenient charge than a DWI in some circumstances. Â However, offenders started refusing tests to receive lower consequences than if they had taken the test. Â So, Minnesota changed the DWI Test Refusal law to make it equal to the most severe DWI you can receive under the circumstances — now, there is no incentive to refuse the test.
Why do people refuse the DWI test?
A person often refuses a DWI test because they are confused about their situation. Â Generally, a person should not talk with the police and refuse the police’s requests for searches in order to protect their rights. Â However, refusing a DWI test has the exact opposite effect — it imposes severe criminal liability. Â The police officer reads a warning, but it only states that DWI Test Refusal is a crime. Â It says nothing about how you’re basically handing the police an aggravated DWI.
What can you do to avoid a DWI Test Refusal charge?
The police can require a DWI test only if they have probable cause that you are drinking and driving. Â So, the best way to avoid a charge is to prevent creating probable cause. Â Take a taxi or use a designated driver if you are intoxicated. Â Otherwise, it is generally helpful to not give any statements to the police, but if you are brought to the station or jail, you can choose to take a DWI test (of couse the test may still get you in trouble). Â By taking the test, you can often preserve defenses and avoid enhancement. Â However, each situation is different, so the best thing you can do is call an attorney immediately if you are stopped for a DWI.
I’ll discuss more about DWI Test Refusal in future posts, but you can save yourself trouble by learning the basics. Â A number of my clients start at a disadvantage because they refused a DWI test without fully understanding the consequences.
If you find yourself charged with a DWI, contact St. Paul DWI lawyer Eric Rice. Â You can set up a free consultation by calling (651) 998-9660 or emailing eric@ricedefense.com