What if I refuse to take a blood or breath test?
Roseville, MN DWI defense attorney Dan Koewler explains what happens if you refuse to take a blood or breath test when pulled over for a DWI.
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That question and the answer to that question is different today than it has been for the last 20 years. I was in front of the Minnesota Supreme Court in 2016 and convinced the Minnesota Supreme Court that our test refusal laws were unconstitutional when it comes to blood tests and when it comes to urine tests. So currently, under the current state of Minnesota law and depending on when you’re watching this video I mean that may or may not be accurate, but as we’re recording this you cannot be punished in any way for refusing to submit to a blood or a urine test. The only exception would be if law enforcement get a warrant. It’s still contempt of court to refuse to comply with a warrant and you could also potentially be charged with obstructing legal process with force. But the fact and the takeaway is that if law enforcement demand a blood or a urine test Minnesota drivers have the right to say no and have the right to say get a warrant. And even if law enforcement do get a warrant for that test, they can’t invoke the implied consent law meaning, they can’t take your license that night. Their only chance to take your license after a blood or urine test is if they’re able to convict you in court.