Gross Misdemeanor Test Refusal Charges Reduced to a Misdemeanor
Mike Brandt’s client was charged with gross misdemeanor Test Refusal from an incident occurring in January of 2018 in Forest Lake, in Washington County. Mike’s client was pulled over after a 911 caller reported that his client had been driving erratically and crossing the lane dividers. A police officer encountered Mike’s client and observed the erratic driving. After making contact with Mike’s client, the officer observed that Mike’s client was intoxicated and arrested him for DWI. Once he was arrested, the officer invoked what is called the Implied Consent Law. This law states that a person who has been suspected of a DWI must submit to a breath test. The officer asked Mike’s client to take a breath test, and Mike’s client refused. Mike’s client was charged with the gross misdemeanor for refusing the breath test.
After Mike received all of the police reports including the squad video and video from the police station, he raised an issue as to whether or not the officer allowed Mike’s client time to contact an attorney before deciding whether or not to take the test. Because of this legal issue, the prosecuting attorney agreed he would reduce the charge to a misdemeanor charge of driving while impaired. Mike’s client was placed on probation for two years, he did not have to serve any jail time, and had to pay a small fine. In addition to the charge being reduced, because of the manner in which Mike resolved the case, the revocation of the client’s driving privileges was reduced from one year to 30 days.