DWI Testing in Minnesota

In Minnesota the most common test to determine blood alcohol content (“BAC”) is the
breath test with the Intoxilyzer.  How the Intoxilyzer works is very complicated but it is
important for your attorney to understand how the breath test works, to present you with the best
possible defense.  There have been numerous legal challenges to the Intoxilyzer and most have
not been successful. 

The blood test in Minnesota has to be performed by a qualified individual pursuant to
Minnesota statutes.  The kits used to analyze the blood are provided by the Bureau of Criminal
Apprehension (BCA).  The police have to follow all the proper methods of testing the blood and
make sure they have a chain of custody for the blood sample.  If they have made any mistakes in
these procedures your DWI conviction could be challenged. 

If you choose to have a urine test performed that test can be conducted by anyone and
needs to be witnessed to prevent someone from altering the sample.  The use of blood and urine
testing can be used to determine if an individual is on other controlled substances besides
alcohol.  After the Urine sample is obtained the kit is sent back the BCA for testing.  If the
officer only offers you a blood or urine test, you have the right to the breath test.  If you refuse
any of the tests you have violated the law and are subject to prosecution as a gross misdemeanor.
A more detailed discussion of what happens after test refusal can be found on the implied
consent portion of the website.