DWI/DUI:
In all DWI/DUI cases, you're looking at potential jail time. Minnesota prosecutors handle thousands of these cases each year whereas this may be your first encounter with the law. An attorney can assist you in understanding your rights so that you can make an informed determination about whether or not to hire an attorney. Not everyone who has been charged with a DWI/DUI needs an attorney.
DWI/DUI in Minnesota
In Minnesota, it is a crime for any person to drive, operate, or be in physical control of any motor vehicle when the person is under the influence of alcohol, illegal drugs, and/or even prescribed drugs that substantially impairs the person's ability to drive or operate that motor vehicle. Click here to read the DWI / DUI Minnesota Statutue §169A.20
The Stop
An officer must have a reason to stop a vehicle, and he may stop for even very minor offenses. The following are common reasons for stopping a vehicle: (1) swerving, (2) burnt out head/taillight, (3) erratic driving, (4) failing to signal, (5) driving without headlights, and (6) speeding. The list goes on and on. The most important factor in the officer stopping your vehicle is whether the officer had probable cause to believe you have broken any traffic laws or committed any other violations.
Field Sobriety Testing
Once an officer has legally stopped the vehicle, the officer may ask limited questions to determine whether the person has violated the DWI/DUI law. Many times, this includes the officer's detection of the odor of alcohol, bloodshot, watery or glassy eyes, slurred speech or the person's own admission to consumption. From here, an officer may require a person to submit to field sobriety testing. Some tests include, but are not limited to: standing on one leg, walking in a straight line, following a pen (HGN), counting, reciting the alphabet or taking a PBT (portable breath test). Based on the person's performance, the officer may or may not arrest an individual.
Implied Consent & Chemical Testing
If the officer arrests the individual based on a belief that the person has violated the DWI/DUI law, the officer may request the person to submit to chemical testing, which can include breath, blood or urine testing. A refusal to submit is a violation of the implied consent law. The results of the officer's observations and chemical testing will determine what charges, if any, will be filed against you. You have a limited right to consult with an attorney prior to submitting to chemical testing.