What an officer needs in order to request a breath test is essentially a good reason. That is that he has good reason to believe that you were driving while impaired. And by the time the request is being made, you’ve actually been arrested for that offense. So the officer has done some sort of investigation on the roadside that led him to conclude that if he tested you, you’re going to fail the test. So in order to do that, first you have to have been lawfully placed under arrest on a charge of driving while impaired. Second, the officer has to have read something to you called the Minnesota Implied Consent Advisory, and that’s the document that basically tells you what your rights and obligations are under the Implied Consent Law. And given you an opportunity to consult with an attorney. And, again, as a side note, if a police officer tells you have the right to talk to a lawyer, please talk to a lawyer. I would, and I am a lawyer.

So he will have gone through that process and then asked you for the official test. “Will you take the breath test? Will you take the urine test? Will you take the blood test?” Whatever the question is. But he has to have gone through these steps before he can get to that question.