Refusal is a gross misdemeanor offense and is punishable up to 365 days in jail and/or $3,000 fine. It essentially acts as an aggregating factor, enhancing the charge up a degree. It can be charged when a person, with no priors, refuses to submit to a chemical breath test after being read the Minnesota Implied Consent Advisory or when a person has one or two “prior impaired driving conviction” or “prior impaired driving-related loss of license” and refuses to submit to a chemical breath test after being read the Minnesota Implied Consent Advisory. A refusal to submit to testing cannot enhance your third offense in 10 years to a Felony level but if you have three priors in 10 years, you will be charged with Felony 1st Degree DWI if you are arrested on your fourth.
You can also be charged with refusal if you refuse to submit to a blood or urine test after the police officer has obtained a warrant.
If it is your first offense, you will be charged with a 3rd Degree DWI/DUI, you will also have your driver’s license revoked for 1 year and your license plates impounded. This means that you will have to get special plates (whiskey plates) on your vehicle. The only way to drive is to participate in the ignition interlock program.
If it is your second offense in 10 years, you will be charged with a 2nd Degree DWI/DUI, your driver’s license will be revoked for 2 years, your license plates will be impounded and your vehicle may be seized and possibly forfeited.
You have 60 days from the date of receiving the Notice of Revocation to file a petition to challenge the revocation of your license. If you do not challenge the revocation, you will automatically have an ” impaired driving-related loss of license” that can be used to enhance future DWI/DUI offenses. If you challenge your driver’s license revocation, you will be able to have a hearing and a judge will determine whether the Commission of Public Safety had cause to revoke your license. In some counties, you may be able to get your license back while your criminal and revocation cases are pending.
For the seizure and potential forfeit of your vehicle, you have 60 days to challenge the forfeiture. If this is your third DWI offense in 10 years, you must challenge you driver’s license revocation and your forfeiture. If you do not challenge your driver’s license revocation the “driving-related loss of license” can be used by the State to substantiate the forfeiture of your vehicle. If you do not challenge the forfeiture within the 60 days, you will lose any right to challenge the forfeiture, even if you win your criminal case.