Refusal to take a breath test in Minnesota is currently a criminal offense. That is being challenged in the United States Supreme Court, and it’s based on a recent decision from the Minnesota Supreme Court. But at the moment, refusing to take a breath test in Minnesota is a criminal offense. It’s not only a crime. It’s actually a more serious crime than driving drunk in most instances. So if an officer asks you to take the test, you are required to do so, assuming you’ve been lawfully placed under arrest.