Minnesota Alcohol Testing

Drinking and driving laws differ in every state. In the State of Minnesota, it is illegal to drive with an alcohol concentration of .08 or more.

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Alcohol Testing

There are three different ways to test your blood alcohol concentration level:

  • Breath test, known in Minnesota as the DATAMASTER. These are sometimes referred to as breathalyzers and require you to breathe into a machine that will test your blood alcohol concentration (BAC) level. Breath testing machines are not 100% accurate.
  • Blood tests are another way to test for your BAC level.  A blood test may occur at the police station after you have been arrested.
  • Urine tests can occur anywhere.

Each of these tests come with different rules, standards, applications and legal requirements.  There are scientific and legal requirements in each testing procedure. There are ways to fight each of these tests in a court of law.

Blood Alcohol Tests, Refusal and .16 Results

Refusal to take a test to determine BAC is a crime. If you refused, you will be arrested for a Refusal charge. A Test Refusal is a gross misdemeanor with penalties of up to one (1) year in jail and $3,000 in fines. You will also lose your license for up to one (1) full year. If this is not your first offense, the implications of a Test Refusal are even more severe.

If your blood alcohol test result is .16 or greater, the penalties increase, even if this is your first time offense. A gross misdemeanor may result in a longer jail term, stricter license revocation time, plate impoundments, and heftier fines.


If you have been pulled over and asked to take a blood alcohol test, it is up to you whether or not to refuse. You are most likely feeling nervous and overwhelmed by the process. Try to remain calm and polite and listen to the instructions of the officer. Keep your emotions in check, no matter how the officer treats you. Anything you say and do can be held against you. Regardless of your test result, you will need to contact a DWI lawyer immediately.

The team at the AV rated Sabby and Reyes Law Firm has over 35 years of experience in DWI, DUI and refusal laws in Minnesota. Call 952-828-9000 , 651-592-3350, or toll free 1-877-DUI-FIRM to speak to a team of professional and experienced Minnesota drinking and driving lawyers about your case and your legal options. Our attorneys provide experienced, innovative, and aggressive representation in both Federal and State Courts.

Our knowledgeable Minnesota DWI Defense Lawyers represent persons throughout Minnesota including Minneapolis, St. Paul, Twin Cities, Anoka, Apple Valley, Andover, Becker, Big Lake, Blaine, Bloomington, Brooklyn Center, Brooklyn Park, Burnsville, Champlin, Chanhassen, Columbia Heights, Coon Rapids, Cottage Grove, Crystal, Eagan, Eden Prairie, Edina, Elk River, Excelsior, Falcon Heights, Farmington, Forest Lake, Fridley, Golden Valley, Hastings, Hopkins, Hugo, Inver Grove Heights, Lake Elmo, Lakeville, Line Lakes, Little Canada, Long Lake, Mahtomedi, Maple Grove, Maplewood, Mendota Heights, Mounds View, New Brighton, New Hope, North St. Paul, Oakdale, Plymouth, Prior Lake, Richfield, Robbinsdale, Rogers, Roseville, Rosemount, St. Anthony, St. Louis Park, Savage, Shakopee, Shoreview, South St. Paul, Spring Lake Park, Stillwater, Vadnais Heights, West St. Paul, White Bear Lake, Zimmerman, and Woodbury. Including, but not limited to, the counties of Hennepin County, Ramsey County, Anoka County, Wright County, Dakota County, Washington County, Carver County, Scott County,  Sherburne County, Isanti County, Chisago County and Stearns County.