Did You Refuse A Breathalyzer Test In Minnesota?

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 an experienced DUI defense attorney at GROSHEK LAW PA in Minneapolis. Call 612-426-7047.

What Happens If You Refuse To Take A DUI Test?

As a result of implied consent laws, there are penalties for refusing a test, which can include a gross misdemeanor punishable by a yearlong revocation of your driver’s license with an 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

Our lawyers strive to be on the cutting edge of technology and its effects on defense for our clients who have been arrested for driving under the influence or driving while intoxicated. 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. Our founding attorney, Christa 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 Us Today For An Experienced DUI And DWI Defense Team

If you or a loved one has been arrested for DUI and charged with refusing a Breathalyzer test, contact an experienced DWI defense attorney to make sure your rights are vindicated. You can send us an email or call us right now at 612-426-7047 to schedule a consultation.

Why Hire Us?

At Groshek Law PA, each client is viewed as an individual, not a legal problem.


We start with a proactive approach through mutual education.


We expect the unexpected, so we are always prepared.


Our attorneys adhere to the Highest Professional Standard.