SHOULD I REFUSE TO SUBMIT TO CHEMICAL TESTING IF I HAVE A PRIOR DWI WITHIN THE PAST 10 YEARS?

The answer is: ABSOLUTELY NOT!!

If you have a prior DWI within the past 10 years and you are arrested for a second time, you should submit to a breath, blood or urine sample once you reach the police station.  The reason you should submit to testing is this:

If you have a prior DWI within the past 10 years and you refuse to submit to testing, the vehicle you are driving  is subject to forfeiture.  On the other hand, if you submit to testing, the test result has to be .16% alcohol concentration level for your vehicle to be subject to forfeiture.  Since a majority of people test under .16% alcohol concentration level, the odds favor you taking the test.  And even if you think you will test much higher than a .16%, you should still take the test because what do you have to lose?  You can always challenge the accuracy and reliability of the testing equipment.

A refusal, however, makes the State’s case easier to prove as  all they just have to show is you have a prior DWI and you failed to take the test.  The bottom line is: If you have priors you should take the test because you have nothing to gain by refusing.

Contact Minneapolis DWI Lawyer F. T. Sessoms:

If you or a loved one have been arrested for a Minnesota DWI, feel free to contact Minneapolis DWI Lawyer, F. T. Sessoms at (612) 344-1505 for answers to all of your Minnesota DWI questions.