Thursday, 24. March 2011
There are many Do’s and Don’ts when it comes to a Minnesota DWI stop. Outlined below are the best and worst practices for a Minnesota DWI stop. Follow these guidelines if you’re ever pulled over for drinking and driving in Minnesota.
What to Do:
Always keep your driver’s license and proof of insurance with you while driving, and have them out before the officer approaches your vehicle. This will prevent the officer from observing you fumble around in the glove compartment.
Insist on speaking with an attorney before answering any questions, taking any tests, or signing any documents.
You have the right to remain silent. You do not have to answer any of the officer’s questions regarding how much you’ve had to drink or where you’ve been. Provide the officer with the necessary identification information, and then shut up. Calmly tell the officer that you refuse to answer any questions.
Always obey the officer’s reasonable orders. Do not resist or talk back. Be courteous and calm. Cooperate with the arresting and booking processes.
What Not to Do:
Do not speak to anyone regarding the facts of your case before consulting with a criminal defense lawyer.
Do not submit to any Field Sobriety Tests. You are not legally obligated to take them. They only serve as further evidence for the officer to arrest you.
In addition, do not submit to a PBT (Portable Breath Test)—the hand-held breathalyzers that officers carry with them. These often give very inaccurate results, and you are not legally obligated to submit to them. Under the Minnesota Implied Consent Law, you are only required to submit to an approved breath, blood, or urine test—usually located at police stations. Ask the officer if the test is required by the Implied Consent Law. If the answer is no, do not take it.
In general, these are the two best rules of thumb if pulled over for a Minnesota DWI:
1. Keep your mouth shut
2. Insist on speaking with a Minnesota criminal defense attorney