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Understanding the Breath Test Advisory in Minnesota

The Breath Test Advisory – What Is It?

Under Minnesota law, anyone who drives, operates, or is in physical control of a motor vehicle within the state implicitly consents to a chemical test of their breath, blood, or urine for the purpose of determining alcohol concentration. This is known as the “implied consent” law. The Breath Test Advisory is a notification given by law enforcement before administering this test.

The advisory explains the rights and obligations of drivers suspected of DUI/DWI under Minnesota’s implied consent law. It is crucial for both law enforcement officials and drivers to understand this advisory, as it can greatly impact the subsequent legal proceedings.

Components of the Breath Test Advisory:

  1. Right to Consult an Attorney: Prior to deciding whether to submit to testing, the suspect has the right to consult with an attorney. However, the right to counsel isn’t unlimited. The consultation must take place within a reasonable timeframe and should not significantly delay the testing process.
  2. Penalties for Test Refusal: If the suspect refuses to take the test, it is considered a crime, typically resulting in an immediate license revocation and potential jail time.
  3. Mandatory Testing for Certain Offenses: If a law enforcement official has probable cause to believe that a suspect caused bodily harm, death, or property damage while under the influence, the law enforcement may apply for a warrant to compel the suspect to submit to a blood, breath, or urine test.

Understanding the Legal Implications:

Although the advisory is read aloud by the law enforcement officer, its contents can be complex and difficult to comprehend, especially under stress. The decision to take or refuse the test can significantly impact one’s legal situation. For instance, a test refusal will add another criminal charge, but agreeing to the test could potentially provide damning evidence against you.

If you find yourself facing a DWI charge or grappling with the consequences of a breath test, it is advisable to seek legal counsel immediately. Legal professionals can guide you through the complexities of the situation, protect your rights, and provide the best defense strategy.


Understanding the Minnesota Breath Test Advisory is crucial, given its potential impact on your driving privileges and overall legal standing. As a law firm deeply rooted in Minnesota, we’re committed to ensuring everyone understands their rights and obligations under the law. If you find yourself in a bind over DWI charges or any other legal issues, don’t hesitate to contact Duffy Defense today for a free consultation.

Remember, the law is here to protect you. Understanding it is the first step towards ensuring that protection. Stay safe, stay informed, and remember, we’re always here to help.