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If the charge is for driving under the influence of alcohol, Minnesota’s primary enforcement device is a breath test. If a police officer asks you to take a breath test and you refuse to take that test, that’s a crime. It’s actually a more serious crime than driving drunk. It all steps up a level for refusing to take the test. So refusal to take a breath test is a crime. We talked earlier about refusing to take a urine test or refusing to take a blood test where in those cases, because of the invasive nature of the testing, they do have to offer you an alternative. But if the request is for a breath test, the answer is under Minnesota law, you are required to take that test.
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Minnesota criminal defense attorney Jeffrey Sheridan discusses the crime of refusing a breath test.