When an individual is pulled over for being suspected of driving while intoxicated (DWI), they are entitled to certain rights by Minnesota law. A police officer must adhere to these laws, which ensures an individual is protected. When an individual is taken into custody for a DWI, he or she may be asked to submit a blood or urine test. Those taken into custody may wonder if they must submit a blood or urine test and the possible consequences, if any, when they refuse. When an individual adheres to blood and urine testing following a Minnesota DWI arrest, it can be helpful if he or she understands what the tests entail.
Urine Testing After a DWI Arrest
Those taken into custody should be aware that urine tests are not always as reliable as blood tests. When a person consumes alcohol, it enters the bloodstream almost immediately. Alcohol takes longer to be seen in an individual’s urine due to the amount of time it takes to metabolize in the body, which can take up to 90 minutes.
Due to the prolonged time it takes for alcohol to enter into an individual’s urine, some police departments may require an individual gives two urine samples. Another reason urine tests are known to be flawed is based on an individual’s hydration level and metabolism at the time the sample is taken, which varies from person to person and can have an impact on the amount of alcohol that is seen in an individual’s urine.
Blood Testing Following a DWI Arrest
Following a DWI arrest, an individual may be asked to present a blood sample for alcohol detection. Blood testing is considered one of the most accurate ways to determine how much alcohol is in an individual’s system.
When a person submits a blood sample for alcohol testing, it is tested using gas chromatography. This type of test is considered more accurate than a urine test because it accurately detects the immediate presence of alcohol in an individual’s blood.
Although a blood sample is considered one of the most accurate ways to test if an individual has consumed alcohol beyond the legal limit, it is also the most painful. Unlike a urine test, a trained individual must draw blood from a person’s vein to obtain a sample.
What is the Implied Consent Law in Minnesota?
According to driving laws, if you are arrested in Minnesota for a DWI, the law currently requires an individual adhere to a blood, urine, or breath test. The “Implied Consent” law states that if you are arrested by a police officer for being intoxicated while driving, then you consent to submitting a blood, breath, or urine sample for testing. However, the tests must be administered within two hours of when an individual was driving. Furthermore, the law states that individuals consent to taking a preliminary breath test, which is similar to a field sobriety test. If an individual refuses to take this test, then he or she could still be taken into custody based on if the officer feels the person is under the influence for another reason.
Based on Minnesota laws, an officer must tell an individual that refusing to take the test is a crime. Furthermore, an officer will inform an individual that he or she has the right to contact an attorney. When an individual is taken into custody for a DWI, it is imperative that he or she contacts an attorney who has experience with DWI cases. An experienced attorney can pinpoint any mistakes that may have been made during the arrest or when the testing occurred.
If you have been arrested for a DWI, contact us today. We have the expertise and knowledge to help.