Getting pulled over for a suspected DWI (Driving While Intoxicated) in Minnesota is a nerve-wracking experience, but how you respond during the traffic stop can significantly impact the outcome of your case. It’s important to know your rights and understand the steps you should take if you find yourself in this situation.
In this blog, we’ll provide a comprehensive guide on what to do if you are pulled over for a suspected DWI in Minnesota and how a DWI lawyer can help protect your rights.
DWI Laws in Minnesota
Before diving into what to do during a DWI stop, it’s crucial to understand Minnesota’s DWI laws. In Minnesota, it is illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Additionally, you can be charged with a DWI if you are under the influence of alcohol, drugs, or a combination of both, and your ability to operate the vehicle is impaired.
Minnesota has strict penalties for DWI offenses, including license suspension, fines, jail time, and mandatory participation in rehabilitation programs. These penalties can vary depending on the severity of the offense, your BAC level, and whether you have prior DWI convictions. Given these serious consequences, knowing how to handle a DWI stop can be the difference between avoiding a conviction or facing the full brunt of the law.
What to Do If You Are Pulled Over for a Suspected DWI
When you see flashing lights in your rearview mirror, it’s essential to remain calm and follow a few critical steps to protect your rights and minimize potential harm to your case.
1. Pull Over Safely
The first thing to do when being pulled over for any reason is to find a safe location to stop your vehicle. Slow down and signal that you’re pulling over to the side of the road or into a nearby parking lot. Make sure you park in a safe, well-lit area if possible. Stopping abruptly or in a dangerous location can draw more suspicion.
Once you’ve stopped, turn off your vehicle, roll down your window, and place your hands on the steering wheel where the officer can see them. This shows the officer that you are cooperative and are not attempting to conceal anything.
2. Be Polite and Cooperative, But Know Your Rights
When the officer approaches your vehicle, it’s important to remain calm and polite. You should avoid being argumentative or confrontational, as this could escalate the situation. However, cooperation does not mean you need to volunteer unnecessary information. Remember that you have the right to remain silent, and anything you say can be used against you in court.
If the officer asks for your license, registration, and proof of insurance, provide these documents promptly. Beyond that, you are not obligated to answer questions about where you’ve been, how much you’ve had to drink, or whether you are under the influence.
You can politely decline to answer questions by saying something like, “I would like to remain silent,” or “I’d like to speak to a DWI lawyer in Minnesota before answering any questions.”
3. Do Not Incriminate Yourself
One of the most critical pieces of legal advice during a DWI stop is to avoid making any statements that could be used against you. If the officer suspects you’ve been drinking, they may ask you if you’ve had any alcohol. This is a common question, but it’s also a trap. Even admitting to having “just one drink” could give the officer probable cause to arrest you for DWI.
It’s best to respectfully decline to answer any questions about alcohol consumption or drug use. You are not required to incriminate yourself, and remaining silent is often the best course of action.
4. You Can Decline Field Sobriety Tests
In Minnesota, you are not legally required to take field sobriety tests during a DWI stop. These tests, such as the walk-and-turn or one-leg stand, are designed to measure your balance and coordination. However, these tests are highly subjective, and even sober individuals may struggle to perform them correctly, especially under the stress of being pulled over.
If an officer asks you to perform field sobriety tests, you can politely decline. Simply say, “I respectfully refuse to take any field sobriety tests.” While this may not prevent the officer from arresting you if they believe they have enough evidence, it can reduce the amount of incriminating evidence they can use against you later.
5. You Can Refuse a Preliminary Breath Test (PBT)
During a traffic stop, the officer may ask you to take a preliminary breath test (PBT) using a handheld breathalyzer device. This test is typically administered at the scene to estimate your BAC. However, like field sobriety tests, you are not legally obligated to take a PBT if you are not yet under arrest.
Refusing the PBT may result in the officer arresting you if they have other evidence of impairment, but it prevents them from collecting potentially unreliable breath test results at the roadside. Remember, this only applies to the PBT administered before an arrest. Once you are arrested, refusing a chemical test (breath, blood, or urine) can result in additional charges and penalties under Minnesota’s Implied Consent Law.
6. Understand Minnesota’s Implied Consent Law
If you are arrested for a suspected DWI in Minnesota, you will be asked to submit to a chemical test (breath, blood, or urine) to measure your BAC. Under Minnesota’s Implied Consent Law, drivers are legally required to submit to this test after an arrest. Refusing a chemical test after an arrest can result in an automatic license suspension and additional criminal charges.
However, it’s essential to know that you have the right to consult with a DWI lawyer in Minnesota before deciding whether to take the test. If you are arrested, request to speak with an attorney as soon as possible. Your lawyer can help you understand the implications of taking or refusing the test and provide guidance on the best course of action.
7. Document Everything
If you are pulled over for a suspected DWI, take note of everything that happens during the stop and arrest. Document the time, location, and interactions you have with the police. If you feel your rights were violated or if there was something unusual about the traffic stop, it could be valuable information for your defense.
Additionally, after the stop, write down any details you remember about your actions leading up to the traffic stop, such as how much you had to drink, where you were, and any witnesses who may be able to support your account of events.
8. Contact a Skilled DWI Lawyer in Minnesota
If you are arrested for DWI, your next step should be to contact a skilled DWI lawyer in Minnesota as soon as possible. An experienced attorney can help you understand your rights, build a strong defense, and navigate the legal process. The sooner you have legal representation, the better your chances of minimizing the consequences or avoiding a conviction altogether.
Your DWI lawyer will review the evidence against you, challenge the validity of the traffic stop and any tests administered, and explore all available legal defenses to protect your rights and future.
Protect Yourself During a DWI Stop
Being pulled over for a suspected DWI in Minnesota is a serious situation, but knowing what to do during the stop can significantly affect the outcome of your case. By staying calm, knowing your rights, and avoiding incriminating yourself, you can protect yourself during a DWI stop.
If you are arrested for a DWI, contact a DWI lawyer in Minnesota immediately to ensure you have the best possible defense. At Sieben Edmunds Miller, we have extensive experience defending clients against DWI charges, and we are here to help you navigate the legal process with confidence. Don’t face a DWI charge alone—reach out to us for DWI legal advice and representation.
