In Minnesota, when a person is suspected of driving while impaired, or when a person was involved in a motor vehicle accident or collision which results in property damage or personal injury, the person may be required to take a chemical test. This process is known as the Implied Consent law. Like any other choice in life, a person may decide to take it or not take it. When a person decides not to take the test the law states that the person has “refused” to take the test. Refusal carries criminal penalties. However, when a person decides to take the test, their next actions become critical.

By their actions, if they are unable to provide an adequate sample to the test, under the law they will have “refused” the test. This is called “refusal by conduct.” This is because the Minnesota courts have held that a driver has a duty to reasonably comply with the administration of the test.

A person faces a strategic choice when they must decide whether to take the test. While every situation is different, people in Minnesota have a Constitutional right to contact an attorney before making the decision to take the test. If you find yourself in this situation it would be wise to contact a criminal defense attorney and have someone on your team.