When you are pulled over and arrested for a Drunkn Driving, a lot of things are racing through your mind: How did this happen? What should I do? Who should I talk to? However, while it is understandable that you may be overwhelmed and anxious, it is important to follow certain practices and make note of the events that surround your arrest.
Important Things That You Should Understand About a DWI Arrest
1. Your Minnesota DWI Attorney should obtain all reports and information surrounding your arrest.
While the details of your arrest may be blurry and confusing due to alcohol or the stress surrounding the event, it is important to make note of several things for your lawyer:
- What you were doing prior to your contact with law enforcement? Be sure to tell your lawyer about anything earlier in the day that may have influenced your condition - sleep deprivation, illness, etc.
- Record what you had to drink - and how much. Be sure to take special note of the time that you drank each beverage because timing can sometimes be more important than quantity.
- Find out the reason stated for stopping you. Did you violate a traffic law; were you swerving or driving erratically?
- Record the statements that you made to the officer. Be sure to tell your lawyer whether or not you admitted to drinking and driving. Also, it’s important to note if you asked to speak to a lawyer at some point during your arrest.
- Recall whether the officer asked or ordered you to take a roadside test. Field sobriety tests are not mandatory in the State of Minnesota, however many officers will not volunteer this information to you.
- Did you take a blood, breath or urine test? If so, what were the results?
- Were there any witnesses present for your arrest?
2. You must act immediately to protect your right to drive
As soon as you were arrested, the officer should have given you a notice (ie. paperwork) about the forthcoming revocation of your driver's license. Read this carefully because it is important to understand that from the date the notice was served, you have a limited number of days to request a hearing to fight the revocation of your license. If you do not request a hearing within that time frame your license will be lost - and you'll have no way to fight that aspect of your case.
3. There are many ways your arresting officer’s testimony could be discredited
- Inconsistent statements: If the officer changes his story about the circumstances surrounding the arrest. This could also occur if his accounts of the field sobriety test do not line up with video footage.
- Inability to conduct the field sobriety test in the proper manner: Field sobriety tests have to be performed per the prescribed standardized manner by a skilled officer who is in a controlled environment. Even then, field sobriety tests can be an inaccurate indicator of intoxication levels.
- Failure to recollect: If your arresting officer cannot recall activities surrounding your arrest such as why he pulled you over or how you performed on your tests.
What Should You Do?