Oh boy. You got pulled over by the police, and you may be over the allowed alcohol limit. What now? Do you have to submit to a blood or urine test? Is refusing a blood test or urine test a crime? Not so fast. Let’s look at the facts.
Implied Consent
Minnesota and Wisconsin law both say that, by having a driver’s license from those states, you give ‘implied consent’ to these tests, but it is clear that this implied consent is only in effect if you have actually been arrested for drunk driving. If you have not been arrested, you are under no obligation to provide this consent.
Refusal to Test
If you have not yet been arrested, you can refuse to take the field sobriety test, but it may not work in your favor. If the police have reason to arrest you anyway, not co-operating may work against you later. If you do refuse the sobriety test, make sure that you are polite to the police.
Right to a Lawyer
According to Minnesota law, you have the right to consult with an attorney. While you aren’t allowed to use this as a delay tactic, it makes sense to have representation at this time.
Non-Drunk Driving–Right to Refusal
Now it gets interesting. According to Wisconsin law, if the police believe they can get evidence of a crime from a blood or urine test, the law “does not prohibit the consideration of a suspect’s refusal to submit…for purposes of determining whether a warrantless involuntary draw of the suspect’s blood was supported by reasonable suspicion.” In other words, a person can refuse to submit if the police do not have supportable reasons to do so.
Refusing a blood or urine test when there is no warrant may not be a crime. It’s important to know when it is or isn’t a problem. When you have a question about whether you should submit to a test or not, contact us and let us help you.
DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.