DWI Testing in Minnesota
There a four typical DWI tests performed in Minnesota. The four are Breath, Blood, Urine, and Field Sobriety Testing. With the advancement of technology in Breath, Blood and Urine testing the Field Sobriety Test is often times not needed for a conviction for DWI in Minnesota. It is still a good idea to refuse the field sobriety testing in case there are problems with the other tests. It is the police officers choice to determine which of the test will be offered, but it is not a crime to refuse blood or urine testing, unless the police offer an alternative test. Call a Minnesota DWI Lawyer before you agree to any testing they can advise you of your rights, and what will help you the most in your situation.
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.
