Minnesota DWI - Filed Sobriety Tests (Explained)

A Minnesota law enforcement officer, after pulling over a driver for suspected of drunk driving, will usually say something to the effect of “I need to have you step out --- and do a few tests to make sure you are okay to drive."

The sad truth is, the driver is (usually) not told that he/she has the option to refuse those tests.  

Filed Sobriety Tests (The Truth)

Almost always, the purpose for the Standardized Field Sobriety Tests (SFSTs) is to gather evidence against you to be used at trial --- not to "prove" that you are not under the influence. 

Here's what you need to know: there are (at least)  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 an experienced Minnesota Criminal Defense Attorney gets the test kicked out? The government 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 SFSTs. 

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. 

If you do not perform the tests ... especially if you decline to offer of a sample of your breath (on the side of the road for the the preliminary breath test (PBT) ... the officer can place you under arrest, transport you back to the police station and ask you give a sample of you blood, breath or urine.  

You have no duty to make the cops case for him. 

If you need help with a DWI arrest, contact the Rolloff Law Office for FREE ANSWERS.  Call today: (612) 234-1165

The Top 5 Minnesota DWI "Rules"

Although there is really only one foolproof way to "beat" a Minnesota Drunk Driving arrest, there are some things that you can do to protect yourself from doing the government's work for them. 

Sure, if you follow these "rules" it is quite possible that you will be arrested; but, if you don't follow them, it is just as likely that you'll be taken into custody. The difference between the two?  Well, for one, you can save yourself from giving law enforcement the kinds of evidence that they will later use against you in court.  In addition, you might make it easier for an experienced Minnesota DWI Attorney to win you a favorable result - when and if you are ever charged with Drunk Driving.

It goes without saying that the easiest way to avoid the attention of law enforcement - when traveling on the highways and byways of the State of Minnesota is to follow the rules of the road.  This includes - abiding by the speed limit (the most common circumstance I've seen for the cops to initiate a vehicle stop,) not texting and driving, wearing your seat belt, coming to a complete stop for stop signs and/or traffic lights, and driving entirely within your lane of travel.  If you've failed to heed this warning, then you need to follow these rules.

#1 - Never Admit to Drinking

Don't get me wrong, any contact with law enforcement is bound to be stressful and often, a certain human-instinct kicks in where you want to be helpful. If you're like me, you either believe you can negotiate your way through the situation - proving your innocence to the police officer - and/or you somehow come to think that if you cooperate with him that he'll take some sort of pity upon you and in the face of (often) insurmountable evidence just let you go.  Believe me, neither of these courses of action is better than doing and saying nothing.

When the police start asking you about where you've been, where you're going, or what you've been drinking - believe it or not their #1 concern isn't - or your well being; rather, what they're trying to do is gather information - that they might use against you at a later time.

Remember, your right to remain silent - you don't have to answer these questions. Instead, offer up you identification information and then graciously zip your lip.

#2 - Field Sobriety Tests - Don't Do 'Em!

In the past, I've tried to make my opinions known on this issue - here, here, and here.  The simple truth of the matter is - virtually nothing you can do during the performance of these tests is going to make it any less certain that you will not be arrested.  Remember, your performance on these "tests" is being judge by someone who thinks you've been driving drunk.  With that said, isn't safe to assume that he is not going to be looking for your successes; rather, his focus is going to be on your failures - where you're performance is not perfect.  Therefore, this rule is a simple one -  say No to the Field Sobriety Tests.

#3 - The Portable Breath Test - Don't Do it!

The reasons for this are the same reasons as for why you should politely decline doing the Field Sobriety Tests - you don't have to, it doesn't help you, it helps the officer make his case against you, and they're often unreliable.  In addition, this test is not allowed to be entered into evidence in your case.  Again, just say NO to the PBT!

#4 - Exercise your Right to Speak to Minnesota DWI Attorney
If you do as I've suggested you do - it is all but certain that at some point you'll be arrested.  At that moment, you're supposed to entitled to speak a Minnesota Criminal Defense Lawyer. Once you ask for an attorney, the police are should stop any questioning of you and take the reasonable steps to get you get in touch with a lawyer. That's your Constitutional Right - use it. Don't let the cops try to talk you out of it. I know this is going to be hard to understand, but asking for a lawyer does not make you look guilty. It makes you look smart. People ask for attorneys because they need an expert help them deal with the police. Don't be afraid to get help.

#5 - Treat the Police With Respect - Even if They're Rude to You 

DWI investigations are not fun - for anyone. And believe it or not, that kind officer who on another occasion helped find your dog, may not have that same disposition when it comes to dealing with you when he thinks you've been driving drunk.

No matter how hard it can (and often will) be - you have to remain calm and hold your tongue. If you don't - your actions will be used against you later --- this I can assure you. The calmer you remain and the less you let the cops get to you - the better your case.

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The next time you are stopped and investigated for Drunk Driving, put these five suggestions to use. You'll be glad you did. If your reading this after you've been stopped (and thinking - "where was this before I was so stupid?") don't fret. Just because you've been arrested for a DWI does not mean you will be convicted of that offense.

Take the next right step - be smart, now, and contact an experienced Minnesota DWI Attorney to explain to you your rights and to fight for you in court.

MN DWI Law - Ignition Interlocks (Explained)

Although there may be some celebrating north of the border on July 1st as our Canadian cousins celebrate their country's birthday - here in the good old USA, and Minnesota specifically, the hip,hip hurrahs maybe in short supply. 

Come July 1, 2011, Minnesota is enacting new DWI laws that purport to substantially punish repeat offenders.  However, this new initiative may actually have the effect of getting Drunk Drivers back on the road sooner.  Specifically, the new legislation seeks to expand the use of Ignition Interlock technology- giving the violator the option of having one of these devices installed in their vehicle - in exchange for the chance to regain driving privileges sooner than what's afforded them under the current law.

Of course, as with most (new or established) government initiatives - there are going to be issues.  Some of the questions include: whether there is any guarantee that the device will be installed; how well will they work; should drivers that have a cancelled or revoked license be given the chance to regain their driving privileges so soon; and given that the device is a bit costly and may be optional to install, will it prevent most offenders from using it?

The State of Minnesota has set up an official ignition interlock website. However, as with most new laws, I and my fellow, experienced Minnesota Defense Attorneys have some concerns. Such as, not only will prospective users have to meet certain qualifications and follow rather precise procedures ... these devices could end up being very expensive to maintain and will most assuredly add to the financial penalties that a DWI causes.

What's new?

What is clear is that the new law may require first time Drunk Drivers with blood alcohol levels of (.16) or more - and all repeat offenders -  to install a breath-testing ignition lockout device on their vehicle. Proponents of these portable breathalyzers assert that they will keep vehicles from being able to be started if the driver's blood alcohol level is above (.02). The idea being --- If you are too drunk to drive, your car won’t start.

Costs

At the onset, the devices will cost approximately $50 to install and remove. On top of that, it may cost another $100 per month to monitor.

What Should You Do?

If this new legislation is any indication, Drunk Driving penalties are on the rise in Minnesota.  Therefore, it is more important than ever that if you or someone you love is facing a DWI charge that you seek out the services of an experienced Minnesota DWI Attorney - someone who knows what they're doing and who can ensure that you receive the best defense possible.

If you are facing a Drunk Driving charges, contact me today at (651) 234-1165 to set up a free, no obligation, consultation to learn about all of your options.

Top 5 Things To Do When Stopped by the Cops - DWI Edition

I've done it - and maybe you have too. You're out with friends or family and you have a couple of drinks with dinner. Not feeling "drunk" - you get in your car and you drive home. The next thing you know - BAM - there are red and blue flashing lights in your rear-view mirror and soon you're being asked by the police - "Sir, how much have you had to drink this evening?"

As you may already be aware, it isn't illegal to drink alcohol and drive. But... it's natural, when encountered by the cops, to feel nervous or even to be scared when you've had some alcohol, drove and then by the police.

Knowing what to do in that situation is essential. Believe or not, how you react can go along way toward determining whether or not you'll wake up in your own bed the next morning - or - in jail.

Here are 5 tips that could help you navigate a stressful situation.

#1 - Don't Do the Cops Job For Them - Don't Talk About Your Drinking 

We all have Constitutional rights - the greatest among them is the right to remain silent and the right not to incriminate ourselves. These rights exist whether or not you are under arrest and when you are in your car and an officer is asking you questions - above and beyond name name and date of birth. Don't be afraid to respectfully exercise these rights.

When the cops start asking you about where you've been, where you're going, or what you've been drinking - believe it or not their biggest concern ususally isn't about you - or your well being. What they're actually do is gather information - that they might use against you at a later time. Often, these exchanges are the beginings of a DWI investigation. Remember, you don't have to answer these questions. Offer up you identification information and then graciously zip your lip.

2. Don't Do the Cops Job For Them - The Field Sobriety Tests

Did you know, you have no obligation to participate in the roadside gymnastics/field sobriety tests that an officer might ask you to take? Sure, you're going to want to cooperate - right? It's natural to feel as though you can "impress" the officer by trying to do what he asks. But believe me, you are taking quite a risk - because if this officer decides you've failed these silly little tests, you're going to do more harm to his or her impression of you than you could have ever done good.  Plus, field sobriety tests won't tell an officer (or anyone else for that matter) if you can safely drive a vehicle. Rather, all they do is give that officer much more information to use against you later to prove that your were driving drunk.

3. Don't Do the Cops Job For Them - The Roadside Breath Test (the "PBT")

The reasons for this are the same reasons as with why you should polite decline doing the field sobriety tests - you don't have to, it doesn't help you - it helps them, and they're often unreliable. Again, just say no.

4. If You Feel Uncomfortable - Ask to Speak to a Minnesota DWI Attorney

The moment you're placed under arrest - you are supposed to be entitled to a Minnesota Criminal Defense Lawyer. Once you ask for an attorney, the police are should stop questioning you and take reasonable steps to get you get in touch with a lawyer. That's your Constitutional Rights - use it. Don't let the cops try to talk you out of it. I know this is going to be hard to understand, but asking for a lawyer does not make you look guilty. It makes you look smart. People ask for attorneys because they need expert help to deal with the police. Don't be afraid to get help.

5. Remain Calm and Treat the Police With Respect - Even if They're Rude to You 

A DWI investigation is not fun - for anyone. And believe it or not, that kind officer who on another occasion helped find your dog, may not have that same disposition when it comes to investigating you for a crime.

No matter how hard it can (and will) be - you have to remain calm and hold your tongue. If you don't - your actions will be used against you later --- this I can assure you. The calmer you remain and the less you let the cops frazzle you the better your case.

The next time you are stopped and investigated for a Drunk Driving, put these five suggestions to use. You'll be glad you did. If your reading this after you've been stopped (and thinking - "where was this before I was so stupid?") don't fret. Just because you've been arrested for a DWI does not mean you will be convicted of that offense.

Be smart, now, and contact an experienced Minnesota DWI Attorney to explain to you your rights and to fight for you in court.