There is a lot of confusion around this topic and for good reason. Laws have recently changed in Minnesota. This lead to a lot of misinformation and misunderstanding about what rights a person has when pulled over on suspicion of driving under the influence.
Minnesota had unique implied consent laws which made it illegal to refuse to take a chemical test for a DWI. Opponents said these laws were unconstitutional, equating them to a warrantless search. In August of last year, as reported in the Saint Cloud Times, the Minnesota Supreme Court ruled that officers must have a warrant in order to collect blood or urine samples for testing. Many Minnesotans had previously refused these tests and faced charges for it. MinnPost reports that more than 13,000 people have refused to consent to testing in the last ten years. That ruling could overturn thousands of cases.
So does that mean it’s now legal to refuse sobriety tests? To understand the laws and how they impact you during a traffic stop, it’s important to understand that there are actually two types of sobriety tests that may happen to you:
- Field sobriety testing, also known as roadside sobriety testing. These are the tests that occur at the roadside, administered by an officer after they’ve pulled you over. These tests help determine whether the officer has probable cause to arrest you for a DUI or DWI. The tests may include a breathalyzer (also known as a PBT or Preliminary Breath Test), horizontal gaze nystagmus (HGN), standing on one leg, or walking in a straight line.
- Chemical testing of blood, urine, or breath. This is testing that happens at the hospital or police station after you are arrested. These tests are more accurate and used to get the precise alcohol level in your system to determine if you are over the .08 limit.
The short answer is this: You can refuse field sobriety testing. You can refuse chemical testing as well, until you’ve consulted with your lawyer, but eventually you will get the test. When and why you should refuse these tests is a much more complicated answer.
Should You Refuse to Take a Sobriety Test?
In most cases, it’s going to be in your best interest to refuse to take any of the roadside sobriety tests. There are many reasons for this, the most important being that the tests are often inaccurate and unfair. Proven to be inaccurate again and again, handheld PBT devices can put you in danger of registering as over the legal limit when, in fact, you are not. The other tests, such as the walking test or standing on one leg, are completely subjective. They should help the officer determine if they have probable cause to arrest you. But the truth is most of us couldn’t do these tests sober, let alone in a stressful situation where we’re afraid of being arrested.
You are completely within your legal rights to refuse to take these roadside tests. In fact, it could help your case down the road if you do. The more information you give to the police, the more evidence they have to convict you later on. However, one thing to be aware of is that if you do refuse, you are almost certainly going to be arrested.
While it can be very scary to be arrested, it’s important to stay calm and police towards the officers. An arrest isn’t going to affect your record; a conviction will. At this point, you should be asking to speak to an experienced Minnesota DWI lawyer as soon as possible.
So what about a chemical test? Legally, if you refuse the blood or urine test after the officer has obtained a search warrant or if you refuse the breath test (where the officer does not need a warrant), you will be charged with a crime. In many cases, refusing the test will result in a higher level crime and a longer revocation of your license than if you simply took the test. What you do have the right to do is consult with an attorney within a reasonable amount of time before you take the test. In the end, if you fail the test, there may be options available to help achieve a positive outcome in the case.
Remember Your Rights If You Are Arrested for a DWI
If you refuse the roadside sobriety tests, it’s almost certain that you are going to be arrested. When this happens, it’s important to remember your rights:
- You have the right to remain silent. You should exercise this right. Be polite, but don’t answer any questions asked other than your name and address. Even questions that seem innocent such as where you were tonight or where you were planning to go next could negatively affect you later in court.
- You have the right to an attorney. When you are arrested, immediately request to speak with your lawyer. The sooner you can get legal counsel, the better off your case will be in the long run. You have the right to speak with an attorney before you consent to chemical testing, as well. Don’t allow the police to push you into that decision or make you feel like you have no option.
Are You Currently Facing DWI or DUI Charges?
If you are currently facing charges for a DWI or DUI, it’s important to speak to an attorney as soon as possible. An experienced DWI attorney will be able to help you navigate the court system, build a solid defense, and help you achieve the best possible outcome for your charges. Thousands of people in Minnesota are arrested each year for driving under the influence. In fact, USA Today ranked Minnesota as #6 on their list of the “drunkest states.” But thousands of those charges are also reduced and dismissed each year. Even if you submit to field sobriety testing, there may be options that can help you.
DeVore Criminal Defense offers free consultations to those facing DWI charges. We can review your case and help you determine the next best steps. Give our team a call today to schedule your consultation. Facing criminal charges means you need someone in your corner who understands how the system works. Attorney Kevin DeVore knows your rights and will fight to protect them.
Posted 7th March 2019 by DeVore Criminal Defense