Refusing to Submit to a Blood Test Not Always a Crime In Minnesota

Posted On January 03, 2011 by Daniel Koewler


sota is one of few states that actually make it a crime to refuse to submit to chemical testing (most simply to increase the duration of any driver's license revocation). This has huge constitutional implications - such as violating a driver's Fifth Amendment right against Self-Incrimination - but can also be misleading.

Despite what every Minnesota police officer will tell you, it may NOT be a crime to refuse to submit to a blood test after you've been arrested for DWI.

In fact, if you do refuse to submit to a blood test, and the government charges you with test refusal, we might actually be able to get the charges dismissed. That's because Minnesota law specifically prohibits drivers from being punished for refusing to submit to a blood or urine test unless another test was also offered.

If an arresting officer told you that you'd be charged with test refusal if you did not submit to a blood sample, he or she was not telling you the whole story. If you were charged with test refusal without being offered a blood test AND either a urine or breath test, you've got a very good chance of outright winning your case.