If you are pulled over for suspected DUI, then you are most likely going to be nervous. You may feel like you are guilty before the police officer has even said anything. If you are asked to perform a field sobriety test or breathalyzer, you may not know if this is a good idea. Should you do what the officer says? Should you refuse the test? It is up to you what you choose to do. However, there are a few things you should consider if pulled over on a suspected DWI charge:
Minneapolis Implied Consent Law
When you get your driver’s license, you are agreeing to remain safe and responsible on the road. You are also agreeing to adhere to any testing a police officer may request if pulled over. This is known as the implied consent law. Although you can choose to withdrawal your consent at the time of the incident, it is a crime to do so, and, if convicted of a DUI, you could be facing even stricter penalties.
There are a number of different ways a police officer can test your level of intoxication. There are three standardized field sobriety tests used on the roads of Minnesota including:
- The Horizontal Gaze – an officer observes the driver’s eye movements when asked to follow an object from side to side
- The Walk and Turn – an officer observes the driver’s ability to balance while walking and turning
- The One Leg Stand – an officer observes the driver’s ability to balance while standing on one leg.
However, there are also a number of other tests the police officer may ask you to do including reciting the alphabet or walking backwards. You may also be asked to take some other tests including:
- A breathalyzer
- A urine sample
- A blood test
All of these tests are a more accurate indication of your blood alcohol content. While the field sobriety tests are considered valid, they are also objective, based on the decision of the arresting officer. Keep in mind that you could still be arrested for a DUI without taking any of the field sobriety or breathalyzer tests.
Test Refusal Consequences
If you do refuse to take any of the required tests and are later convicted of a DUI, you are looking at an automatic gross misdemeanor offense which includes a jail sentence of one year and a fine of up to $3,000. You could also lose your license for a period of one year.
Pulled over for Suspicion DWI? Contact a Minnesota DUI Lawyer
If you are pulled over for a DWI, your best bet is to remain calm and polite to the officer. It is also a good idea to ask to speak to a lawyer before deciding whether or not to take the tests. This is your legal right and you will not be penalized for asking for this right.
Minnesota Criminal Lawyer
Don’t let DUI charge affect the rest of your life. Protect your rights, your driving record and reputation as well as your personal and professional life. If you or someone you love is facing a criminal conviction, then now is the time to step up and fight back. Contact Anoka criminal lawyer Michael Brandt at 763-421-6366 for a free, no obligation consultation.