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If you refuse to take a urine test, the officer has an obligation – if he wants to proceed, he has an obligation to offer an alternative test. The alternative tests are blood tests or breath tests. If they’re testing for drugs, obviously the breath test isn’t gonna be of any use to the officer, so often times they’ll offer simply the blood test. If you refuse both, a urine test and a blood test or a urine test and a breath test, you will be prosecuted for refusal to submit to testing. But if the officer only asks you about a urine test and you say no and the officer chooses at that point to deem you to have refused testing, that’s a case we’re gonna win.
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Minnesota criminal defense attorney Jeffrey Sheridan discusses refusal of a urine test for driving under the influence charge in Minnesota.