First Time DWI Chemical Test Request: Should I Refuse?

Driving under the influence is a real safety and legal risk, but it’s not uncommon. The same is true of DUI/DWI traffic convictions.

Are you facing a first-time DWI chemical test request from an officer in the state of Minnesota? If so, here’s what you need to know, and what you should do about it.

What’s the Legal Alcohol Limit?

The legal limit of blood alcohol concentration is under 0.08. A police officer can request a chemical sobriety test if you are over this limit, and/or if you also have:

  • Previously been placed under arrest.
  • Been involved in a motor vehicle accident that has caused property damage or damage to individuals.
  • Refused to take a breath test.

Chemical Tests and Driving Under the Influence

A breath test is as it sounds like, and can easily be conducted on-site at the time of arrest. Breath tests require no serious preparation, but a chemical test must be performed in a police station using properly sterilized and professionally administered medical equipment.

If you are driving in the state of Minnesota, then by law you have consented to legally give the right for any officer to request a chemical test to determine if and how much alcohol is in your system. This also applies to the use and concentration of illegal substances or harmful chemicals in your body.

Therefore, if you are stopped by an officer under the concern of a DWI offense, an officer is fully within their rights to ask you to participate in a chemical test.

In a Blood Chemical Test, A Qualified Administrator is Required

Not just any officer can do a chemical test on you. A trained medical professional is required, who has the proper medical education and licensure. If someone is not a trained nurse or doctor of some kind, then they are not qualified to administer the test.

That means that a test administered by a police officer is legally invalid, and also not safe for you.

Should You Refuse to Take a Chemical Test If it’s Your First Time?

Whether it’s your first time or your fifth, the answer is the same—refusal to submit to chemical testing is illegal in the state of Minnesota and can result in a misdemeanor. Anyone who gets behind the wheel has agreed to rescind the right to refuse chemical testing if they’re suspected of being under the influence.

Are There Exceptions?

While the default is automatic consent, every case is different. The only way to be fully confident in your course of action is to contact an attorney as quickly as possible. In doing so, you can receive quick legal advice about the best course of action for your particular situation, with the assurance that a legal professional is already on your team to help you through the process.

Can I Contact an Attorney Before I Take a Chemical Test?

Absolutely. Although you don’t have the same luxury with a breath test, you do absolutely have the right to contact an attorney before you submit yourself to a chemical test in a police station. An attorney can legally advise you before and after the test is administered.

How Do I Find a Good Attorney in Minnesota?

That’s an easy enough problem to solve. Anderson Law Firm, PLLC can help. They have a long history of experience helping people to face DUI/DWI charges of various kinds, and they can assist you from counsel to court case. Let the right legal support help you get the best outcome for your situation. Contact the law offices of Anderson Law Firm, PLLC today.

DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.