When can a police officer arrest a driver for refusing a breath test?

A police officer can arrest a driver for refusing a breath test if the officer has probable cause for driving while intoxicated (DWI). This is grounded in the implied consent law, which applies in many jurisdictions, including Minnesota. When a driver operates a vehicle, they are understood to have consented to chemical testing if lawfully requested by an officer under suspicion of DWI.

If the officer observes signs of intoxication or has evidence indicating that the driver is impaired, this constitutes probable cause. Refusal to submit to a breath test in the context of a DWI investigation can lead to an arrest because it obstructs the officer's ability to carry out a lawful investigation into potential driving offenses.

The other options mention scenarios that do not directly pertain to the necessity of probable cause for arrest. For example, while a warrant may be required for certain situations, in DWI cases where probable cause exists, an arrest can be made without a warrant. Similarly, the age of the driver or prior DWI charges may influence the circumstances of the case but do not independently justify arrest solely based on the refusal of a breath test. Probable cause remains the critical factor in determining lawful arrest in these situations.