Refusing To Take The Test Could Be Worse Than Failing It
If you are pulled over by a police officer and asked to submit to drug or alcohol screening, can you refuse to be tested? Certainly, you can refuse. However, doing so might lead to devastating consequences.
At Dusek Law, we have decades of experience defending clients in both North Dakota and Minnesota. Headquartered in East Grand Forks, our attorneys understand the nuances of criminal defense in multiple states.
What Is Implied Consent?
A significant number of states have implied consent laws. Basically, this means that when you receive your driver’s license, you are giving your consent to on-site screening tests or chemical tests. If you refuse to submit to this testing, you are, essentially, breaking your promise — your consent — that was given early on.
- Implied consent in North Dakota: If you refuse to submit to a test in North Dakota, your driving privileges can be revoked for up to four years.
- Implied consent in Minnesota: If you refuse to submit to a chemical test — breath, blood, urine — in Minnesota, you can face significant penalties. Penalties increase on subsequent refusals, but the first refusal can lead to a license revocation for at least one year and the use of an ignition interlock device for the full revocation period.
Whether you are arrested for driving under the influence of drugs or alcohol, you need an experienced DUI defense lawyer on your side. Do not hesitate to schedule a free consultation at our office to protect your rights and your driving privileges.
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We understand that you might need a lawyer any day of the week, any time of the day. Call or email Dusek Law to schedule a free consultation to discuss your specific case. We can be reached at 701-639-7744 or through our convenient online contact form.