The answer is: You should not refuse to submit to DWI chemical testing if you have a prior DWI within the past ten years. No exceptions! Ever!
If you have a prior DWI within the past 10 years and you are arrested for a second time, you should always submit to a breath, blood or urine sample once you reach the police station. The reason you should always submit to testing if you have a prior Minnesota DWI 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 DWI forfeiture. On the other hand, if you submit to testing, the test result has to be .16% alcohol concentration level or more 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.
Plus, if you refuse to submit to dwi chemical testing, the State no longer has to prove that you, in fact, were the driver or operator of the motor vehicle!. Refusal to submit to DWI chemical testing is a separate crime which relieves the State of even having to prove that you actually drove or operated the motor vehicle in question.
A refusal to submit to Minnesota DWI chemical testing thus makes the State’s case easier to prove. If you refuse, they no longer have to show you were the driver – All the State has to show is you have a prior DWI and you failed to take the Minnesota DWI chemical test, be it blood, breath or urine. Refusal to submit to Minnesota DWI chemical testing with a prior is just plain dumb as you have made the State’s case easier to prove and as a bonus, you have forfeited your car!!
The bottom line is: If you have priors you should take the Minnesota DWI chemical 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.