Minnesota · DWI · Checked October 2026
Refusing a Breath or Blood Test in Minnesota
Refusing a Breath or Blood Test in Minnesota: What Are the Rules?
What happens if you refuse a breath or blood test in Minnesota.
- Refusal penalty
- Refusing a breath test, or a blood or urine test under a search warrant, is itself a crime (third-degree DWI, a gross misdemeanor; second-degree with an aggravating factor) and brings license revocation of at least 1 year, or revocation until interlock compliance with a prior incident
- License suspension for refusing
- At least 1 year (first, no prior in 20 years)
- Deadline to challenge
- 60 days
Refusal Penalties in Minnesota
refusing a breath test, or a blood or urine test under a search warrant, is itself a crime (third-degree DWI, a gross misdemeanor; second-degree with an aggravating factor) and brings license revocation of at least 1 year, or revocation until interlock compliance with a prior incidentMinn. Stat. §§ 169A.20 subd. 2, 169A.26, 169A.25, 171.178 subd. 3
License Suspension for Refusing in Minnesota
at least 1 year (first, no prior in 20 years)Minn. Stat. §§ 169A.52 subds. 3-4 and 6, 169A.53 subds. 1-2, 171.178 subds. 3-4
Official source: license suspension for refusing (Minnesota)
More on DWI Law in Minnesota
See the full overview of DWI laws in Minnesota and read about implied consent laws in every state.
This page summarizes Minnesota law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Minnesota can advise on your case.
Frequently Asked Questions
What Happens if You Refuse a Breath Test in Minnesota?
refusing a breath test, or a blood or urine test under a search warrant, is itself a crime (third-degree DWI, a gross misdemeanor; second-degree with an aggravating factor) and brings license revocation of at least 1 year, or revocation until interlock compliance with a prior incident
How Long Is the Suspension for Refusing?
at least 1 year (first, no prior in 20 years)