Bussa Law

Main Menu

Twins' pitching coach refuses breath test

By now, you have probably already heard that the Twins' pitching coach, Neil Allen, was arrested for DWI after refusing to take a Breathalyzer test in the early morning hours of May 26, 2016. With this arrest, he has been suspended, and his career is in jeopardy with the Twins. Can police arrest someone for DWI when they refuse to take a breath test? The answer is yes.

Implied consent law in Minnesota

Minnesota employs the "implied consent" law. That means any individual who operates or is in control of a vehicle within the state consents to a breath, blood or urine test. Specifically, one must acquiesce to a chemical test so authorities can assess a driver's blood-alcohol content (BAC).The test is carried out at the direction of law enforcement when probable cause exists and:

  • The person has been detained for a drunk driving violation;

  •  The individual has been in an accident;

  • The individual refuses a drunk driving preliminary screening test (PBT); or

  • The suspect agreed to the PBT test, but it reads at .08 or higheer.

The BAC test must be administered within two hours of vehicle operation. Before making the decision about testing, one has the right to consult with an attorney; however, this privilege is limited in duration, as the test cannot be unreasonably delayed.

If a person refuses the test at the time of the investigation, he or she is in violation of Minnesota's implied consent law. A test refusal will result in an automatic one-year driver's license revocation. 

As in Allen's case, test refusal will not prevent an arrest for drunk driving. If the officer has probable cause based on other existing evidence, authorities may arrest a motorist anyway. This is true regardless of whether BAC information is available.

At this time, the implied consent laws are under review in the state. If you would like to learn more about Minnesota's drunk driving laws, please visit our website.

No Comments

Leave a comment
Comment Information
  • What Should You Do If You Get Stopped By A Cop?

    You should not be hostile. Simply stop and allow the cop to do the cop’s job. If you are ticketed or arrested, immediately...

  • What Should You Say If You Get Stopped By A Cop?

    You have constitutional rights that you can invoke. This means that you do not have to say anything to cops, which is...

  • Can A Cop Search Your Person And/Or Your Stuff?

    A cop can search you and/or your car if a cop has probable cause to believe you pose a violent threat to the cop and/or that you...

  • What Is The Standard To Arrest You?

    A cop must have probable cause to arrest you for a crime. A cop can use the cop’s training and experience as well as his...

  • What Should You Do If You Get Served With A Search Warrant?

    The Fourth Amendment to the United States Constitution mandates that a cop present...

  • If Arrested, How Long Can You Be Held In Jail?

    No matter what crime you are charged with, you have 36 hours to have a bail hearing if you are in jail. This time requirement...

  • If Arrested, How Long Do You Have To Wait To Be Formally Charged?

    If you are in custody, the prosecution has 48 hours from the time of your demand to file...

  • Are All Of Your Privacy Rights Protected?

    No, the Fourth Amendment to the United States Constitution only protects your person, your home, your papers, and your...

  • What Are The Differences Between The United States And The Minnesota Constitutions?

  • After You Are Charged, What Does The Process Entail?

    Vigorously defending your rights demands a marathon, not a sprint, mentality. Every stone must be overturned.

Learn More About Your Rights Call For A Free Consultation 218-303-5497

Free Consultations

Client Reviews

More Reviews