The State of Minnesota has specific laws and regulations related to arrests for Drunk Driving. As an experienced Minnesota DWI attorney I know that drivers should be aware of the laws and their rights. In fact, it’s important you keep track of a couple of points in the event that law enforcement officers stop you on suspicion of driving under the influence:
Probable Cause
First, understand that police officers are not allowed to stop someone without a reasonable suspicion to believe that they are breaking a law. Granted, courts generally give officers a great deal of leeway when it comes to such suspicions, police may stop you only if you’ve committed a traffic violation.
Inadmissible evidence
If an officer asks you to perform standardized field sobriety tests to prove your sobriety, such as horizontal gaze nystagmus (HGN); standing on one leg, walking a straight line and perhaps even reciting the alphabet, counting backwards or touching your finger to your nose --- these tests will be used against you and will be admissible in court. Contrary to popular belief, you are not required to perform them.
The officer should inform you that you are not required to take a preliminary breath test (PBT). If you refuse to submit to a PBT on the roadside, Minnesota statutes do allow the officer to immediately arrest you. Any improperly obtained or handled samples may also be inadmissible. Additionally, courts often review any surveillance videos from the squad car or police station to determine whether they corroborate with the officer’s story.
Regardless of whether police meet procedural requirements, you have a right to legal representation. To minimize the penalties you may face for possible drunk driving in Minnesota, always consider calling an experienced Minnesota Criminal Defense Lawyer. Call the Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165
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