Minnesota DWI - Field Sobriety Tests (Explained)

As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions about DWIs.  One common inquiry is about Field Sobriety Tests.  Here's some info that you need to know.

Minnesota Field Sobriety Tests

A police officer, after pulling over a driver for suspected Drunk Driving will usually say something to the driver: 

“I need to have you step out of the car and do a few tests to make sure you are okay to drive."  At the time, the driver is not told that he/she has the option to refuse those tests. 

Here’s the skinny. 

Almost always, the purpose for the Standardized Field Sobriety Tests (SFST) is to gather evidence against you to be used at trial. 

The Truth

There are two ways to convict a person of DWI: one is to prove that they drove and had a alcohol concentration of .08 or more as tested by a blood, breath or urine test. However, suppose a clever defense attorney gets the test kicked out. They can still convict you if they can prove that you drove at a time that you were impaired by alcohol. 

Whether or not you are “impaired” is determined by the officers observations, your conduct and your statements. It is for this reason that police will tell you to do the SFST. They will later testify in court that your inability to do the test proves you were impaired.

The good news is that you are not required by law to do SFSTs. You have a right to decline. If you decline, do not say you are declining because your are too drunk to do them. Simply say that you invoke your right not to perform those tests. 

The one exception (sort of) to this is the preliminary breath test (PBT) --- that little box that officers have you blow into on the side of the road. 

If you refuse to blow into the PBT the officer can place you under arrest and ask you to do a blood, breath or urine test. But, the PBT is not admissible in court (except for persons under 21) to show the existence of alcohol or if you later refuse the blood, breath or urine test.

Need help, with a Drunk Driving accustation, feel free to call the Rolloff Law Office to get FREE ANSWERS and set-up a consultation: (612) 234-1165

Minnesota DWI Effects (Explained)

Many of my clients are anxious to know how a DWI conviction will effect them, and for how long. The concern is that it not only limits your ability to drive --- but it also impacts your employment opportunities, effects insurance rates, carries with it a social stigma, gives you a criminal record, and acts as a "prior" for future DWI charges (heaven forbid.)  As a former prosecutor, and (now) as an expreienced Minnesota DWI Attorney, I have worked on thousands of case ... no two are ever the same, but one thing satys the same: A good defense can help clear the path for less problems in the future.

What You Need to Know

In Minnesota a DWI conviction will stay on your record for life ... and over the next 10 years (after such a conviction goes in against you) it can really cause problems.  Example: a second DWI within that 10 year period dramatically increases the penalties (criminal  and civil) you face if convicted again, and a fourth DWI within the 10 year period is a felony, punishable by sending you to prison.  
I have been successful in negotiating with prosecutors to reduce a DWI charge to a Careless Driving or even a non-alcohol related Reckless driving conviction under certain circumstances. (A lot of this depends on the facts of your case ... but, there is a good amount of wiggleroom (and things you can do to be the person worthy of such a result) but when it happens, it reduces the time a conviction may stay on your record ... even affording you a chance to have the matter Expunged.)  I can also help you to be able to help you keep your drivers license, and lessen the impact on your insurance.

If you want to avoid having a DWI on your record for life, call the Rolloff Law Office to schedule an appointment. I will review the facts of the case and see what if any negotiations can be done to reduce your conviction. Call to set up a free consultation: (612) 234-1165