DWI Test Refusal
Charged with a DWI Refusal in Rochester?
Saying “No” to the test is a crime, but it doesn’t mean you’re guilty.
Because refusing a test in Minnesota is a gross misdemeanor that triggers an immediate license revocation, understanding your rights through our Ultimate Rochester DWI Guide is critical to fighting these enhanced charges.
You Said "No" to the Test. Now What?
Minnesota’s Implied Consent Law (Minn. Stat. § 169A.51) states that by driving a motor vehicle on public roads, you have automatically given your consent to submit to a chemical test of your breath, blood, or urine if law enforcement has probable cause to believe you are impaired.
Refusal Charges Are Not "Open and Shut"
Just because the officer wrote “Refusal” on the citation does not mean you are guilty. These cases are highly technical, and we fight them by analyzing the specific procedure the officer followed.
We ask the critical questions:
Was the Advisory Read?
Before you can be charged with refusal, the officer must read you the Minnesota Implied Consent Advisory. If they skipped a section, read it too fast for you to understand, or failed to clear up your confusion, the charge may be invalid.
Did You Actually Refuse?
Sometimes, a "refusal" is actually a physical inability to provide a sample (e.g., asthma or panic attacks during a breath test). If you tried to comply but couldn't, that is not a crime.
Right to Counsel
You have a limited right to contact an attorney before deciding whether to take the test. If the police interrupted your call, didn't give you a phone book/Google access, or stopped you from reaching a lawyer, we can move to have the test refusal charge dismissed.
Why "Refusal" is a Trap
If you watch legal dramas, you might believe that refusing to give evidence is your constitutional right. In many situations, that is true.
But not in a Minnesota DWI stop.
Under Minnesota’s “Implied Consent“ law, driving on public roads means you have already agreed to submit to a chemical test (breath, blood, or urine) if police have probable cause to believe you are impaired.
Because of this law, saying “No” is not just a traffic violation—it is a separate, serious criminal offense.
What is a "Reasonable Refusal"?
Minnesota law allows for a defense called “Reasonable Refusal.”
If you refused the test based on reasonable grounds—for example, if you were misled by the police or feared for your safety during a blood draw—we may be able to use this affirmative defense in court.
