Refusing a Breathalyzer Test

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

However, an additional test is also administered once you are taken into custody, called an "evidentiary test." Although failure to test is considered a crime, 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 DUI defense 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 with ignition interlock. 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, your test refusal being reasonable, or the officer coercing you into testing.

On the Cutting Edge of Breathalyzer and Drunk Driving Defense

Christa Groshek strives to be on the cutting edge of technology and its effects 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 believed that problems exist in the programming of the machine which causes it to produce inaccurate results.

Defense attorneys sought access to the main programming of the machine called the Source Code. After a battle in federal court, CMI (manufacturer 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 was a member of that coalition. Ultimately after an appeal to the Minnesota Supreme Court, only "deficient sample" DUIs were deemed to be unreliable results and thus later dismissed by the state. The other cases were remanded to District Court and were aggressively defended.

Contact Groshek Law in Minneapolis for Experienced DUI and DWI Defense

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.