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Can I refuse to take field sobriety tests in Minnesota?

Under Minnesota law you are NOT required to perform roadside or field sobriety tests. This includes the roadside preliminary breath test. Politely decline to perform the roadside tests. The purpose of these tests is to support the officer’s decision to arrest you. You should not assist the officer in building a case against you.

Do not confuse field sobriety tests with the implied consent chemical testing that takes place at a police station or hospital. Minnesota law requires that you submit a breath test. If a breath test is not offered then you have the choice to submit to either a blood OR urine test. Failure to submit to the implied consent chemical testing is a gross misdemeanor crime and will result in an automatic revocation of your driving privileges for one year.

David Balmer

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David Balmer established the Balmer Law Office with one overriding goal: provide aggressive, high-caliber criminal and DWI defense for good people facing serious charges throughout the state of Minnesota. Read More

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