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Refusing to Take a Blood, Urine or Breath Test

What if you refuse to take a blood, urine, or breath test? Here's a look at the legal implications in Minnesota.

Under Minnesota Statute 169A.51, Subdivision 1, it is a crime for "any person who drives, operates, or is in physical control of a motor vehicle within this state or on any boundary water of this state" to refuse to take "a chemical test of that person's blood, breath, or urine for the purpose of determining the presence of alcohol, a controlled substance or its metabolite, or a hazardous substance."

If you refuse to take such a test, the law states that the court can revoke your license for a period of up to one year. This revocation does not rely upon a criminal conviction. The court only requires that the police officer who stopped you certify to the court that you refused to submit to a test and that there was probable cause to believe you were driving a vehicle while impaired.

However, if you have been stopped by a police officer and have already refused to take a test, do not despair. An experienced DWI/DUI attorney may be able to assist you in retaining your license.

The right to drive is yours. Do not let them take it without a fight. 

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