Minnesota defence lawyer Mitchell Robinson said he will argue that Byfuglien's rights were violated when police arrested him on Lake Minnetonka last August.
Robinson says Byfuglien was denied the opportunity to speak to a lawyer before he decided whether to take a chemical test. And once he talked with his client, Byfuglien agreed to take the test, but police wouldn't let him.
Robinson had hoped to reach a settlement agreement to avoid trial but was unable to do so. Robinson also met with the prosector in February, saying Byfuglien was willing to plead guilty to a lesser charge of careless boating. But the prosecutor refused to settle.
Byfuglien, 26, was arrested in August 2011 and charged with boating while under the influence of alcohol and/or drugs and refusing a blood or urine sample. He pleaded not guilty in October.