Refusing a Breathalyzer Test in MN: What Are the Consequences?

Refusing a breathalyzer in Minnesota might seem like a way to protect yourself, but the reality is far more complicated. When you’re pulled over on suspicion of DWI (Driving While Impaired), the decisions you make in that moment can have serious, long-term consequences, especially if you say no to a breath test.

If you’re trying to understand what happens next, this article walks you through:

• The legal and administrative consequences of refusing a breath test in Minnesota
• What rights you do and don’t have when it comes to implied consent laws
• The defense options available if you’ve already refused

Let’s break it all down so you can better protect your future.

Understanding Minnesota’s Implied Consent Law

What Is Implied Consent?

In Minnesota, all drivers automatically agree to chemical testing. This includes breath, blood, or urine tests if law enforcement has probable cause to believe you were driving under the influence.

This is known as implied consent, and it applies the moment you get your driver’s license. It’s not something you sign every year; it’s embedded in state law.

Why It Matters in a DWI Stop

When an officer suspects DWI, they’ll usually ask for a preliminary breath test (PBT) at the scene. You can refuse this roadside test without immediate legal penalty. However, refusing a formal breath test after arrest (usually done at the police station) triggers very different consequences.

Important Distinction

• Preliminary Breath Test (PBT): Often optional. Refusing this test generally does not lead to criminal or administrative penalties.
• Evidentiary Breath Test: Done post-arrest. Refusing this test can result in serious consequences under Minnesota’s implied consent law.

Legal Consequences of Refusing a Breath Test

Criminal Penalties

Refusing a breath test after arrest is classified as a criminal offense in Minnesota. In many cases, it’s charged at the same level, or higher, than a standard DWI.

Here’s what you could face:

1. Misdemeanor or Gross Misdemeanor Charges: Depending on prior DWI convictions or aggravating factors, you could be charged with a gross misdemeanor (up to one year in jail and/or $3,000 in fines).
2. Increased Jail Time: Some judges view refusal as a sign of non-cooperation, leading to stricter penalties.
3. Additional Charges: If you were involved in an accident or had children in the vehicle, refusing the test could add to the severity of your charges.

Administrative Penalties

Separate from criminal charges, refusing a breath test also triggers automatic administrative penalties through the Minnesota Department of Public Safety.

These include:

• License Revocation: Your driver’s license could be revoked for up to one year—even if you are not convicted in court.
• License Plate Impoundment: This can happen immediately if you have prior offenses or meet specific risk criteria.
• Ignition Interlock Program: Reinstating your license may require you to install and maintain an ignition interlock device for a year or more.

Common Myths About Refusing a Breathalyzer

• “If I Refuse, They Have No Proof”
  • Not true. Prosecutors can still build a strong case using:
    • Officer testimony
    • Dashcam or bodycam footage
    • Field sobriety test results
    • Witness statements
• “They Can’t Penalize Me for Saying No”
  • Minnesota law specifically allows for penalties when a person refuses a breath test. Refusal is considered an admission of guilt in some contexts.
• “I Should Just Refuse Every Time to Play It Safe”
  • This depends on the situation. In some cases, refusing may lead to harsher consequences than if you took the test and failed. Every case is different.

What to Do If You’ve Already Refused

1. Contact an Attorney Immediately: Time is critical. You only have 30 days to challenge your license revocation through a petition for judicial review. Missing this window limits your legal options.
2. Document the Interaction
   • Try to recall:
     • What the officer said
     • Whether you were read the implied consent advisory
     • If you asked to speak with a lawyer before refusing
   • These details may become essential to your defense.
3. Avoid Further Violations: Stay clear of driving without a valid license, failing to appear in court, or ignoring notices from the Department of Public Safety.

Your Legal Defense Options: 5 Potential Strategies

1. The Officer Didn’t Follow Proper Protocol
   • This could include not reading the implied consent advisory or failing to provide access to an attorney.
2. You Were Misled or Confused
   • If the situation was unclear or intimidating, it may be possible to argue that you didn’t fully understand the consequences of refusing.
3. You Have a Medical Condition
   • Some conditions, such as asthma or anxiety, may make breath testing difficult or unreliable.
4. The Refusal Was Not Willful
   • If you didn’t actively refuse and simply didn’t complete the test due to confusion or physical inability, this could be used in your defense.
5. Inaccurate Reporting or Documentation
   • Errors in the police report or inconsistencies in officer testimony may help your case.

Additional Things to Know

• Minnesota Treats Refusal Seriously: In some states, refusing a breath test is treated less severely than a failed one. In Minnesota, however, refusal can be just as damaging, sometimes more so.
• You Have the Right to Legal Counsel: Before deciding whether to submit to testing, you are allowed a reasonable opportunity to consult with an attorney. If this right is denied, that could be grounds to suppress the evidence.
• Time-Sensitive Action Is Critical: Waiting too long to consult an attorney can limit your options and increase your penalties. Immediate action gives you the best chance of a favorable outcome.

Why You Need Trusted Legal Representation

Refusing a breathalyzer in Minnesota is not a minor issue—it has serious, immediate, and long-lasting consequences. From license suspension and criminal charges to higher fines and possible jail time, a refusal can turn a stressful situation into a life-altering one.

At The Law Offices of Josh Johnson, we understand the fear and uncertainty you’re facing. Our team offers nonjudgmental, aggressive defense for individuals just like you—people who made a tough call under pressure and now need help putting the pieces back together.

Contact our office today for a confidential consultation and start reclaiming control of your future.