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What To Do When Pulled Over For A DWI?

Last updated on January 23, 2025

Getting pulled over for a suspected DWI in Minnesota can be a stressful and intimidating experience. Knowing how to handle the situation can make a significant difference in the outcome of your case. At The DWI Guys, P.A., we’ve helped countless clients navigate these challenging circumstances since our founding in 2005.

With 40 years of combined experience, our team specializes in drunk driving cases across Minnesota. We offer direct, personal communication to ensure you receive the best possible guidance throughout your case, from initial consultation to final resolution.

Steps To Take When Pulled Over For A Suspected DWI

The moment you notice flashing lights behind you, it’s crucial to stay calm and focused. Your actions in these first few moments can significantly impact the course of events. When you see those lights in your rearview mirror, follow these critical steps:

  • Pull over safely to the right side of the road
  • Turn off your engine and interior lights
  • Keep your hands visible on the steering wheel
  • Remain calm and polite throughout the interaction

Your actions during this initial encounter can significantly impact your case, so it’s important to stay composed and cooperative, while also being mindful of your rights.

Interacting With Law Enforcement

The way you interact with the officer can greatly influence the outcome of the stop. It’s essential to be respectful but also aware of your legal rights. As the officer approaches your vehicle, remember these important points:

  • Provide your license, registration and insurance information when asked
  • Avoid making any incriminating statements
  • Politely decline to answer questions about your alcohol consumption
  • Do not consent to a vehicle search

Maintaining a respectful demeanor can go a long way in defusing a situation.

Sobriety Testing During A DWI Stop

If the officer suspects you of driving under the influence, they might request field sobriety tests. These tests are designed to assess your physical and cognitive abilities. Here’s what you need to know:

  • You have the right to refuse field sobriety tests
  • Politely decline to perform these tests
  • Be aware that refusing may lead to arrest, but it can benefit your case later

Understanding your rights regarding these tests is crucial for protecting your interests. Field sobriety tests can be unreliable and are often challenged in court.

When Can An Officer Expand A Traffic Stop Into A DWI Investigation?

Officers may expand a routine traffic stop into a DWI investigation if they have reasonable suspicion of impairment. This suspicion must be based on observable facts, not mere hunches. Some signs that might lead to this include:

  • Slurred speech
  • The smell of alcohol
  • Bloodshot eyes
  • Erratic driving behavior

It’s important to remember that these signs alone don’t prove guilt, but they can justify further investigation. An experienced attorney can help you challenge the validity of these observations.

How Can I Fight The Field Sobriety Test After Taking It?

If you’ve already taken field sobriety tests, don’t lose hope. They are not infallible and there are many ways to challenge their results. You can still fight the test by:

  • Questioning the officer’s training and experience in administering the tests
  • Highlighting environmental factors that may have affected performance
  • Addressing medical conditions that could impact test results
  • Challenging the subjective nature of these tests and potential bias in interpretation

An experienced DWI attorney can help identify weaknesses in the prosecution’s case based on these tests and work to have the evidence suppressed or discredited.

Can An Officer Force Me To Take The Breathalyzer Or Give My Blood?

Minnesota’s Implied Consent Law is complex. However, understanding this law can help you make informed decisions during a DWI stop. Here are some key points to remember:

  • You have the right to refuse chemical tests, including breathalyzer and blood tests
  • Refusing tests can result in automatic license revocation
  • Officers may obtain a warrant for a blood draw or urine sample in some cases, particularly in serious accidents
  • Test refusal can be used as evidence in court, but it’s not an admission of guilt

Each situation is unique, and the best course of action can vary depending on the circumstances.

Call Us If You’re In Trouble

At The DWI Guys, P.A., we’re committed to providing valuable guidance all throughout the legal process. With our statewide presence and focus on DWI cases, we offer the knowledge and dedication you need to protect your future. Our attorneys keep themselves updated with changes in DWI laws to provide you with the best possible representation.

The consequences of a DWI conviction hurt your driving privileges, employment opportunities and personal life. Check out our contact form or call us at 612-497-1217 for a free consultation and let our experienced team help you through this difficult time.