DUI Traffic Stop Investigation In Minnesota
In this article, you will learn…
- What information you’re required to give during a DUI or DWI investigation,
- What roadside field sobriety tests you may be asked to take, and
- Why refusing roadside field sobriety tests isn’t always beneficial.
What Information Is Someone Who Is Stopped By Law Enforcement Required To Provide During A DUI Or DWI Investigation In Hennepin County, Minnesota?
You aren’t required to provide any information when you’re stopped by law enforcement during a DUI or DWI investigation. However, if you decide not to say anything, there could be consequences. At a minimum, you will want to give your name and identification or insurance card to an officer when requested.
During A DUI Or DWI Investigation In Hennepin County or In Minneapolis Area, Am I Required To Do Those Roadside Standardized Field Sobriety Tests?
No, you don’t have to do the field sobriety tests on the side of the road. These tests are voluntary and, in certain situations, they aren’t admissible in court. There’s a US Supreme Court case that says those tests reveal what a person is thinking and, therefore, they’re basically taking a statement from you.
If you choose to refuse the roadside field sobriety tests, you’re going to end up arrested for DWI. The truth of the matter is that you’re going to get arrested for DWI regardless. You never hear about the cases where someone’s taken to the station and passed the sobriety test.
Some of the roadside field sobriety tests you might be requested to do at the scene are…
- Eye Gaze Nystagmus – Officers look to see if a person’s eyes shake out when they look as far over to the side as they can.
- Walk And Turn Test – The person has to walk heel-to-toe and back.
- Alphabet Test – The person has to recite the alphabet from E to S.
- Romberg Test – The person has to tilt their head back with their eyes closed while the officer sees if they sway.
- One-Legged Stand Test – The person has to stand with one foot three to four inches from the ground with their arms out to the side for 30 seconds.
- Finger Count Test – The person will have to touch their thumb to each of their fingers one by one, usually multiple times.
- Preliminary Breath Test – The person has to blow into an infrared breath testing machine.
These tests are done at the scene and are at the officer’s discretion. They can choose one or multiple of these tests for a person they suspect of being under the influence. Most of these tests are standardized and officers will testify that they are from the National Highway Traffic & Safety Administration to determine whether or not someone is under the influence.
The Preliminary Breath Test is typically the last test they will give a person suspected of being under the influence. Honestly, unless you’re a highly trained athlete, you’re going to fail any of the tests that come before the breath test.
The breath test is normally only used to determine whether or not you should be arrested. However, if you refuse to test, the later results of that PBT can come in at trial. A lot of times, you could have someone blow 0.14 on a PBT and then go to the station and blow 0.17. You’d obviously rather have that 0.14 on your record.
With the guidance of a skilled attorney for DUI/DWI Law, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on DUI/DWI Law in Minnesota, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (612) 338-5545 today.