When a Minnesota driver is pulled over under suspicion of DWI, the police officer on the scene may perform some field sobriety tests to determine if the driver is intoxicated. A preliminary breath test (PBT) test may also be administered to gauge the driver’s alcohol content. If someone is arrested, they may be asked for a blood and/or urine sample once they are booked into the jail. Those accused of DWI should be aware of their rights when it comes to providing urine and blood samples.
Is a warrant required?
Under Minnesota law, those who drive in the state are subject to implied consent. This means that one is required to provide a sample of blood, breath or urine to detect alcohol. This law applies when one is arrested under suspicion of DWI, when one is involved in a motor vehicle accident with damage or injuries, when one refuses preliminary screening tests, or when one is suspected of operating a commercial vehicle under the influence.
Upon an arrest on suspicion of DWI, an officer may require a blood or urine test at the station, but a search warrant will be required before one must submit to a blood or urine sample. There are lawful guidelines on how blood and urine samples are allowed to be acquired. On the other hand, an officer may offer a breath test (DMT) at the station. which does not require a warrant.
Legal advice
Anytime one is facing DWI charges, the first step is to seek legal advice promptly. There are several ways one can choose to approach one’s defense against these charges. An attorney with knowledge of Minnesota’s DWI laws can provide guidance on how best to proceed forward.
