Know your rights during a Minnesota DWI stop. Learn what you must provide, what tests you can refuse, and how to protect yourself legally throughout the process.

What Should I Do If The Cops Pull Me Over And Suspect I Was Drinking?

Police have broad authority to investigate suspected criminal activity, including drunk driving. That said, your rights do not disappear on the roadside. First and foremost among them is your right to not incriminate yourself. You can, and should, identify yourself, provide your license, and your insurance information. But you are not obligated to answer any other questions.

You should remain respectful. You should not become combative or disobey any orders. All of that will unnecessarily escalate the situation. But you can respectfully say, “I do not want to chat, please arrest me or let me go.”

If the officer thinks you have been drinking, then they will likely ask you to step out of the vehicle. You are obligated to obey a command to exit the vehicle. The officer may ask or instruct you that they will pat you down. You should allow this.

Your chance to contest any of this happens later in court. Refusing risks escalation. You may ask the officer to explain their reasoning for ordering you out of the car or performing a pat down, but your best course is to accept whatever answer they give you, even if it sounds wrong.

Once out of the vehicle, the officer will likely inform you that they suspect you have been drinking. They will then likely ask if you will perform some tests for them. These are commonly called standardized field sobriety tests. You have zero obligation to perform these tests. Simply say no.

Next, they will likely ask you to blow into a portable breathalyzer. Under Minnesota law, you may refuse this roadside test. The catch—is that refusal of this roadside test is automatic grounds to arrest you on suspicion of drunk driving.

After arrest—you are required—to take the breath test at the police station. This breathalyzer is much larger, more sophisticated, and more accurate than the handheld, roadside version. Refusal of this test is a crime. You do have a limited right to consult an attorney before taking this test, so long as your attempted or actual consultation does not unreasonably delay testing. This is commonly known as Minnesota’s implied consent law.

If this test comes back and indicates that you have alcohol in your system, you will likely be detained and charged with a DWI. For first time offenders with lower blood alcohol content, you may get lucky and be released to a sober family member or friend. For everyone else, you will remain in jail until you can go before a judge to have bail and conditions set.

At this point, if you are remaining in custody, you should try to get some rest and then decide if you want to hire an attorney to help fight against the charges. Experienced DWI attorneys can help point out flaws in the arrest and investigation process; consult with experts if there is any reason to question the validity of the breath test; help you navigate the complex process; and provide peace of mind that your rights were fully protected and that you are not leaving any defenses on the table.

Have questions? Contact Ryan McKinney at (612) 300-1208 or ryan@mckinneydefense.com

If you or someone you know has been accused of DWI in Minnesota, don’t wait to get the legal help you need. Contact McKinney Defense today by calling (612) 300-1208 or filling out our online form to schedule a FREE consultation. Let me fight for your rights and help you take the first step toward fair representation.

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^{This blog post (“post”) is provided for general informational purposes only and may not reflect the current law in Minnesota or your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.}