Jump to Navigation

Refusing a Breathalyzer Test

Minneapolis Drunk Driving Defense Lawyer

In Minnesota, there is an "implied consent" law, which means that any person who drives a motor vehicle automatically consents to a breath, blood or urine test to determine if they are under the influence of alcohol or drugs. This test is given at the time you are pulled over and is called a "preliminary breath test" (PBT). You must comply with this test.

However, an additional test is also administered once you are taken into custody, called an "evidentiary test." Although you must comply with this test as well, you do have the right to contact a lawyer before you submit to the test.

Before submitting to an evidentiary test, seek out the advice of experienced attorney Christa Groshek. For a free, confidential consultation, call Groshek Law today at 612-424-5829 or toll free at 888-721-1056.

DUI Test Refusal

As a result of implied consent laws, there are penalties for refusing a test, which can include a gross misdemeanor punishable by a year-long revocation of your driver's license. A plea agreement may be reached which can result in less punishment. Also, there are a number of defenses that can be made against the charges, based on your right to counsel being violated or your test refusal being reasonable.

On the Cutting Edge of Breathalyzer Defense

Christa Groshek strives to be on the cutting edge of technology and its effect on defense for her clients. For many years, criminal defense attorneys suspected that the Intoxilyzer 5000, the machine used to analyze blood alcohol content, does not produce accurate results. In particular, defense attorneys believe that problems exist in the programming of the machine which causes it to produce inaccurate results.

Defense attorneys have sought access to the main programming of the machine called the Source Code. After a battle in federal court, CMI (manufacture of the Intoxilyzer 5000), was ordered to produce this information to defense attorney experts for examination. Attorneys across Minnesota banded together to fund these experts. They formed the Source Code Coalition. Ms. Groshek is a member of that coalition. Experts have been retained to examine the Source Code and defense attorneys have consolidated their cases for a mass hearing in June.

Contact Groshek Law

If you or a loved one has been arrested for DUI and charged with refusing a Breathalyzer test, contact experienced DWI defense attorney Christa Groshek to make sure your rights are vindicated.

Our Practice Need Defending?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Groshek Law PA | 1128 Harmon Place Suite 201 | Minneapolis, MN 55403 | Phone: 612-424-5829 | Toll Free: 888-721-1056 
Minneapolis Law Office

Visa MasterCard

Privacy Policy | Lawyer Marketing by FindLaw, a Thomson Reuters business.