So last time I covered what you need to know if you are pulled over for DWI / DUI in Minnesota. This time the assumption is that you have now been arrested. For Part II, what you need to know about being arrested for DWI / DUI…
Remember you’re on candid camera in the cop car
Remember this from last time – assume you are being recorded. You’ll be put into the squad car and probably left alone. Assume anything you say or do inside the squad car is being recorded and will be used against you later, so for Pete’s sake be quiet in there. Now is not the time to berate yourself for all the drinks you had at the bar. Just be quiet!
Your car will be searched
Any time a person is arrested for DWI / DUI the police can search your vehicle. Also, if the officer is going to tow your car to the impound lot, he or she can search the car to do an “inventory search” to make sure all your valuables are accounted for. Incidentally this is also a convenient time for the police officer to locate any illegal items in the car. Once in a while you may have a passenger who is not being arrested, is sober and can drive the car home for you, but more likely, your car is getting searched.
Don’t chat with the officer
After watching the search from the back seat of the squad car, you’ll likely be driven to the police station. Again, remember you don’t have to talk to the police officer in the car. If you do say anything make sure you are polite and respectful.
At the station
Once at the police station you there are three key things you should remember:
First, you have the right to speak with a DWI / DUI defense attorney before taking any blood, breath or urine test. Exercise your right! Ask for a phone book. Ask for pencil and paper to take notes from your conversation. Find anattorney who will answer the phone and call for advice. Attorneys never charge for this call, so be sure to make the call. Use the paper to make notes for yourself about everything that has happened so you can communicate these facts to your attorney later.
Second, you need to know that refusing to take the chemical test (blood, breath or urine) is a crime in and of itself. Minnesota has some of the harshest punishments in the nation for DWI offenses. Yes, refusing to take the test is a crime in Minnesota. It’s a gross misdemeanor which carries serious penalties. There are a few select defenses to test refusal which is why it’s important to call an attorney before consenting to the test.
Third, know that you can request a second chemical test. Assuming you consent to either take the breath test (using the Intoxilyzer machine) or provide a urine sample, you also have the right to an additional test of your blood, to be administered at your own expense by a qualified person of your choosing. The additional test must be conducted within a reasonable time after arrest, and its results are admissible in court. This is a good option because the second test may give different or better results than the first test.
Whatever you do, call an attorney. An attorney can advise you about whether you should request an additional test as well as give you advice on how to comply with the first chemical test.