You need to separate two very different things. Roadside field sobriety tests -- walk-and-turn, one-leg stand, the eye test, and the roadside portable breath test -- are generally not the test that carries a criminal refusal penalty. The chemical test at the station or hospital, requested after a lawful DWI arrest under the implied consent law, is the one where refusal is itself a separate crime. People routinely confuse the two, and it matters.
Getting this distinction right is one of the more useful things a driver can understand before it ever comes up.
Roadside Tests vs. the Chemical Test
- Field sobriety tests (roadside): The physical roadside exercises and the preliminary/portable breath test happen before arrest, to help build probable cause. Declining these generally does not carry the separate criminal test-refusal penalty. [VERIFY: confirm current treatment of preliminary screening / field sobriety test refusal and any consequences before publishing.]
- Chemical test (implied consent): After a lawful DWI arrest, the evidentiary chemical test requested under the implied consent law is different. Refusing it is a separate crime and carries its own penalties and license consequences. [VERIFY: confirm current implied consent test-refusal law and citation (Minn. Stat. 169A.51, 169A.20) at revisor.mn.gov before publishing.]
Why the Difference Matters
Because refusing the roadside tests and refusing the post-arrest chemical test have very different consequences, treating them as one thing can lead to a bad decision in either direction -- performing tests you did not have to, or refusing the one test where refusal is its own charge. [VERIFY: confirm that refusal of the post-arrest chemical test is charged as a separate offense and how it affects the DWI degree before publishing.]
A Word of Realism
This page explains the legal structure, not a script for a stop. Roadside decisions happen fast and under pressure, and the "right" move depends on the specific facts. What is clear is that the roadside exercises and the station chemical test are governed by different rules, and the refusal penalty attaches to the latter.
What this means for you: if you are already facing a DWI or a test-refusal charge, how and when each test was requested -- and whether the stop and arrest were lawful -- are central issues a defense will examine closely.
Key Terms
- Field sobriety tests: Roadside physical exercises used to build probable cause.
- Preliminary breath test: A roadside portable breath test, distinct from the evidentiary chemical test.
- Implied consent: The law under which the post-arrest chemical test is requested.
- Test refusal: Declining the post-arrest chemical test, which is a separate crime.
Updated May 18, 2026 · Law verified as of August 10, 2026. This article is general information about Minnesota law, not legal advice.
Frequently Asked Questions
Can I say no to the walk-and-turn and other roadside tests?
Generally, the roadside field sobriety exercises are not the test that carries a criminal refusal penalty. Declining them is different from refusing the post-arrest chemical test.
Is the roadside breath test the same as the one at the station?
No. The roadside portable breath test is a screening tool. The evidentiary chemical test requested after arrest under implied consent is the one where refusal is a separate crime.
What happens if I refuse the chemical test after arrest?
Refusing the post-arrest chemical test is a separate criminal offense in Minnesota and carries its own penalties and license consequences.
Should I just refuse everything?
That can be a mistake, because the two categories carry different consequences. This is a fact-specific decision, and the safest general guidance is to understand the distinction and to talk to a lawyer about your situation.
Can a refusal charge be challenged?
Often yes. Whether the stop and arrest were lawful, and how the test was requested, are all issues that can be examined.
Related guides
Field Sobriety Tests in Minnesota: Accuracy, Your Rights, and Defenses
Field sobriety tests in Minnesota are voluntary — you can refuse. Learn how the HGN, walk-and-turn, and one-leg stand tests work, how accurate they re...
Read the guideChallenging a DWI Blood or Urine Test in Minnesota
A DWI blood or urine test can be challenged — on the warrant requirement, lab reliability, first-void urine science, chain of custody, and confrontati...
Read the guideChallenging a DWI Breath Test in Minnesota
A Minnesota DWI breath test isn't unbeatable. Learn how they're challenged — calibration errors, the observation period, mouth alcohol, and margin of ...
Read the guideThe information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.