What Happens If I Refuse a DWI Test in Minnesota?
Getting stopped for a DWI in Minnesota is a serious matter. The consequences—jail time, heavy fines, license revocation, even vehicle forfeiture—can impact every area of your life. While we’ve covered the broader scope of DWI charges at Jack Rice Defense, this article focuses specifically on test refusal and the significant legal consequences that come with it.
If you've been charged with refusing to submit to a chemical test, don’t wait. These cases move quickly, and there are deadlines you must meet if you want to challenge the charges. Contact an experienced DWI defense attorney immediately. Contact Jack Rice Defense for a free confidential consultation at 651-447-7650 or 612-227-1339.
What Is the Implied Consent Advisory and Why It Matters
When you're arrested for suspected DWI in Minnesota, the officer will typically take you to the police station and read you something called the Implied Consent Advisory. This advisory informs you of the following:
You’ve been placed under arrest on suspicion of DWI;
You are legally required to take a test to determine your alcohol concentration;
Refusing to take the test is a crime;
You have the right to consult an attorney before making your decision.
After reading the advisory, the officer will request a test—most often a breath test using a Datamaster machine (not the roadside preliminary test). Depending on the situation, you could also be asked to take a blood or urine test, which come with different legal implications.
What If I Refuse to Test?
Refusing a chemical test after the advisory isn’t just a traffic violation—it’s a gross misdemeanor criminal offense in Minnesota. If convicted, you could face:
Up to one year in jail
Fines up to $1,000
A criminal record
Mandatory chemical dependency evaluation and treatment
MADD victim impact panel participation
Loss of your license for a year or more
License plate impoundment
And that’s assuming it’s your first DWI offense. If you have prior DWI convictions within the last ten years, the penalties only get more severe. In fact, a first-time refusal charge is often treated more seriously than a standard DWI with a BAC under .16.
So, What’s the Right Choice?
The decision to test—or not—isn’t easy. You're under pressure, facing criminal charges, and being told that refusing will add more charges to your record. But agreeing to a test could also provide the state with strong evidence against you.
There’s no one-size-fits-all answer. Every case is different, and the best course of action depends on your specific circumstances. That’s why it’s critical to speak with a seasoned DWI defense attorney as soon as possible. Your future may depend on it.
Go With Experience. Go With the Best.
Jack Rice is a Minnesota Board-Certified Criminal Law Specialist, nationally recognized for his work in criminal defense. As a former prosecutor and the founder of Jack Rice Defense, he brings decades of courtroom experience to every DWI case.
Schedule your free and confidential consultation today:
📞 651-447-7650 or 612-227-1339
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