Drug Crimes Attorney in Eagan, Minnesota

Do I have to take a drug test if the police suspect I’ve been driving under the influence of drugs?

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Yes. And one of the things to remember is that in Minnesota, refusing to take the test is actually a crime. So if an officer has probable cause to believe you’re driving under the influence and he asks you – he arrests you and then asks you to submit to a test, it’s a criminal offense for you to say no. With regard to drug testing, they will always ask for a blood or a urine test. All right? Because both of those are particularly invasive, a driver has a choice. Now, the officer may only offer, “Will you take a blood test?” And you’ll have to guess that you can say no to that without committing a crime, but you can say no to that. You can say, “Look, I don’t like needles.” Actually, you don’t have to say anything, other than no. And then the officer – it triggers an obligation for the officer to offer an alternative test. So if you don’t like blood, you don’t like needles, you have the option of taking a urine test. Same the other way around. If you don’t want – if you’re shy about peeing in front of a police officer, then the officer has to offer you the alternative test.

That’s not true for breath testing in an alcohol case. An officer does not need to offer an alternative test. If you say no to breath, that’s a refusal and you will be prosecuted for refusing to take the test and you will lose your license for a longer period of time for having refused testing.

Minnesota criminal defense attorney Jeffrey Sheridan reflects on how police can compel a drug test.

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