St. Paul, MN criminal defense attorney Robert Ambrose talks about what happens if someone refuses a breath, blood or urine test when getting pulled over for a DWI.
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So in Minnesota, it can be a crime to refuse a breath test. If the cops are asking you to take a blood test or urine test, currently the cops need to have a warrant to do that. So right now it can be refusal to take a blood test upon a cop showing you a warrant. So that’s just been over the past few years, all the way up to the Minnesota Supreme Court and even the United States Supreme Court, about whether refusing a breath test is a crime and refusing a blood test, is that a crime. Blood tests are inherently more intrusive, with somebody sticking a needle in your arm. Breath test is more expelling air. And so I think the distinction is how significant is that intrusion and whether the cops need a warrant or not, is how the courts kind of came out to say, “Well, they don’t need to get a warrant to ask you to take a breath test, but they do on blood and urine testing.”