Minnesota DWI Lawyer Answers Common Questions

If you've been charged with a Minnesota DWI, our attorneys know you have more questions than answers. You've probably never been through this before. We're here to help by providing you with the right information.

I've been arrested for DWI, what should I do?

When arrested for DWI, it’s important to collect all the facts surrounding your arrest. Make notes as to exactly what was said by the officers during the stop and exactly what you said to the officers. Make sure you make a list of any potential witnesses to the stop and your drinking prior to the arrest. Then, call our law firm to discuss the facts and circumstances of your case.

What gives officers probable cause in DWI cases?

Police officers are trained to look for the following factors when searching for drunk drivers:

  • Turning with a wide radius;
  • Straddling center of lane marker;
  • Appearing to be drunk;
  • Almost striking object or vehicle;
  • Weaving;
  • Swerving;
  • Speed more than 10 miles below speed limit;
  • Stopping without cause in a traffic lane;
  • Following too closely;
  • Drifting;
  • Tires on center or lane marker;
  • Braking erratically;
  • Driving into opposing or crossing traffic;
  • Signaling inconsistent with driving actions;
  • Slow response to traffic signals;
  • Stopping inappropriately (other than in a lane);
  • Turning abruptly or illegally;
  • Accelerating or decelerating rapidly; and
  • Vehicle headlights off.

Although police officers tend to believe speeding is a factor, speeding is not a recognized sign of intoxication. The faster you drive, the quicker your reactions and reflexes must be as well as your judgment. Therefore, if you are speeding and appear to be driving normally, that would be indicative of sobriety rather than intoxication.

If I'm stopped by the police, should I answer any questions?

You are not required to answer questions that are designed to be incriminating. In a police encounter, a simple request to speak to an attorney before answering questions would be an appropriate response.

Remain calm, and be courteous and respectful at all times. Remember that after stopping you and approaching your vehicle, the officer is probably already recording your discussion and actions on video without your knowledge.

What signs of intoxication do police officers look for?

Police officers are taught to look for the following symptoms of impairment:

  • Flushed face;
  • Red, watery, glassy or bloodshot eyes;
  • Odor of alcohol on breath;
  • Slurred speech;
  • Fumbling with wallet while trying to get license;
  • Failure to comprehend officer's questions;
  • Unsteady feet while exiting vehicle;
  • Swaying while standing;
  • Leaning on car for support;
  • Being combative, argumentative or jovial while talking with officer;
  • Disheveled clothing;
  • Lack of awareness in regards to time and place; and
  • Driver unable to follow police instructions.

What are the key defenses in Minnesota DWI cases?

Our attorneys utilize numerous defenses in Minnesota DWI cases. Here are just a few examples of Minnesota DWI defenses:

Lack of Probable Cause: The officer must have probable cause to:

  • Stop you;
  • Detain you (the officer must show he or she had a legitimate reason to detain you for a period of time); and
  • Arrest you (evidence can be suppressed if we are able to show the officer in your drunk driving case did not follow the law. Sobriety Check Points or DWI Roadblocks can present complex constitutional issues).

Driving Issues: The prosecution must prove that the defendant was actually driving the vehicle, and at the time of driving, the defendant was under the influence. For example, if you were sleeping in the vehicle or if the officer comes to your residence after you already arrived home, you may have a workable defense.

Under the Influence: An officer may be mistaken as to his or her observations of you while administering field sobriety tests, and thus can be discredited in court. Often the officer is not properly trained in administering field sobriety tests or chemical tests, which can help to invalidate results.

Blood-Alcohol Concentration Result: There are numerous problems associated with the testing procedures and the machines themselves. The smallest error can produce significant differences in results, giving your attorney a good argument for your defense.

Regulation of Equipment: The prosecution carries with it the burden of showing that the instruments used to test your Blood Alcohol Concentration complied with the Minnesota state regulations for DWI calibration. If they cannot meet that burden, your DWI attorney may have a good argument in your favor.

Rising BAC: It is unlawful to have an excessive BAC (blood-alcohol concentration) at the time of driving, not at the time of being tested. It takes anywhere from thirty minutes to three hours for alcohol to be absorbed into your blood and therefore potentially impair your driving. Often a test is not given for 30 minutes to 2 hours after the time of driving. You could show a BAC test result of .10 and actually only been a .07 at the time you were driving your car.

Refusal to Test: Officers often do not give proper advisements as to the consequences of refusing a chemical test. If the officer did not tell you about the consequences of refusing the BAC tests, or gave the instruction improperly, this may invalidate a DMV license suspension.

Why was I released?

You just got stopped and arrested for a DWI. There are two common arrest procedures:

  • An officer may cite you through investigation; or
  • An officer may book you into jail.

When cited through investigation, an officer will release you from custody and file a report with the prosecutor. The prosecutor will then file the case with the court, and the court will summons you to appear for arraignment. In some jurisdictions, an officer may also issue a summons directly to appear at the time of arrest.

It is common for an officer to book and release, rather than book into jail. If booked into jail, a bail bonding company should be contacted right away. If in custody, the jail will transport the defendant to court, for a first appearance and arraignment. Release may occur or bail may be reduced at that time.

Do I need to prepare for arraignment?

Arraignment is when you will be formally charged with a DWI. A plea of not guilty is usually entered at that time. After the entry of the plea, a judge will decide whether to impose pre-trial conditions. The conditions that a judge sets will range from most restrictive, such as being placed on home detention or jail, to less restrictive conditions, such as no consumption of alcohol. In all cases, the judge will assess whether you represent a threat to the community and will set restrictive conditions accordingly.

When should I consult with an attorney?

Being arrested for DWI can invoke feelings of fear, embarrassment, and even depression. Do not be so hard on yourself. You are not a bad person. There are people in all walks of life who have been arrested for DWI. Rest assured that the more control you take over in your life now, including educating yourself about DWI law, the greater peace of mind you will have. Because you are in a vulnerable position, you need to consult with a lawyer you can trust as soon as possible. Our lawyers offer free consultations with anyone who has been charged with a DWI. Call 612-789-2100 to discuss your case with us today.