Driving While Impaired Frequently Asked Questions
Q: When can the police stop my car in Minnesota?
A: Police can stop vehicles when they have reasonable grounds. Examples include traffic violations, mechanical defects, or questionable driving conduct. Just because the police stopped your vehicle does not mean that they had a valid reason to.
Q: Do I have to take roadside (field sobriety) tests?
A: Refusal to comply with roadside tests can serve as a basis for arrest. However, a police officer can only ask that a person submit to roadside tests, commonly referred to as field sobriety tests and preliminary breath tests (PBT), if they have a reasonable suspicion to believe a person has been driving while intoxicated. Examples or reasons to request field sobriety tests include red and/or watery eyes, slurred speech, confusion, and/or the smell of alcohol. Even with this suspicion an officer cannot compel a person to take any of these roadside tests.
Q: What are examples of field sobriety tests in Minnesota?
A: In each of the roadside tests there is an instruction stage and a performance stage. The purpose of this two-stage test is to confuse a person who is intoxicated. The reason is that a person under the influence is generally unable to handle multitasking. Obviously the tests are subjective and open for interpretation. Examples of the field sobriety tests include:
1. One Leg Stand: An officer will explain and demonstrate the test. The subject will stand with his/her feet together arms at the side. The subject is not to begin the test prior to acknowledging an understanding of the test procedure. The officer then instructs the subject to raise one leg, approximately six inches off the ground. The subject is then instructed to count out loud for thirty seconds while maintaining the position. Throughout the test an officer looks for swaying while balancing, use of arms for balance, hopping, placing foot down, and inability to keep count. The officer then scores the test based on the above criteria.
2. Walk and Turn: An officer will explain and demonstrate the test. The subject is not to begin the test prior to instructions to do so. The officer then instructs the subject to place the right foot on the line ahead of the left foot standing with arms to the side and begins to give instructions. The subject is told to walk heal to toe nine steps while counting out loud. At the end of the nine steps the subject, in one continual motion, is to turn, with a series of small steps, and walk back to the officer while counting to nine.
At all times the officer will be looking to see if the subject keeps balance while listening to instructions, starts prior to completion of instructions, stops walking to steady themselves, does not touch heal to toe, steps off the line, uses arms to balance, loses balance while turning, incorrect number of steps. The officer will score the test under the NHTSA standards if a person fails two or more of the indicators it is likely that the person is intoxicated.
3. Horizontal Gaze Nystagmus (HGN): Nystagmus is the involuntary jerking of the eye. Because it is involuntary a subject is powerless to control it. The test is based on the theory that as a person becomes more intoxicated the jerking becomes more distinct. An officer with the use of a pen or an index finger conducts the HGN test. The subject is told to keep the head still and straight while following the pen or index finger until told to stop. Once the instruction stage is finished and the person acknowledges they understand the instructions the officer will begin the test. The officer will move the pen or index finger to maximum deviation. Once this is established the officer will check for the angle of onset of Nystagmus, generally 45 degrees.
Q: Do I have to take a breath test at the police station?
A: In Minnesota refusal to take the chemical test is a crime. While it is unethical for any attorney to counsel a person to commit a crime; attorneys do have the right to explain the ramifications of refusing the breath test given a set of facts. An example is an individual who is facing a first time DWI who tests over a .20. This individual faces more serious charge of Gross Misdemeanor DWI, Minn. Stat. §169A.26, which carries with it the potential of a longer period of confinement, a larger fine, license place impoundment, and a longer period of probation. In this instance an individual with no prior DWI record is better off refusing the test if he/she will test .20 or more.
Q: What is Implied Consent?
A: Under Minnesota Law, Minn. Stat. § 169A.50-.53 (implied consent law), and section 169A.20 (driving while impaired) a person who is driving, operating, or in physical control of a motor vehicle in the State of Minnesota consents to allow chemical testing. The chemical tests can be in the form of breath, blood or urine.
Q: Can I get a limited license to get to work in Minnesota?
A: Yes, subject to a waiting period and some restrictions. For a first time offender the wait is 15 days before a limited license may be granted. For repeat offenders the length of time increases.
Q: How long do I have to wait to get my license back?
A: The length of license suspension depends on the degree of DWI charge.
Q: What is a “B” Card?
A: A “B” card is a type of restricted driver’s license for repeat DWI offenders. Pursuant to Minn. Stat. § 171.09, the Minnesota Department of Public Safety (DPS) is authorized to issue a driver’s license to certain drivers who have been convicted of multiple DWI offenses. The license is contingent upon the driver’s written agreement to certain restrictions, namely no alcohol or drugs, even if not driving. A person must also compete chemical dependency treatment.
Q: What is at stake if I plead guilty to a DWI in Minnesota?
A: The obvious answer is a criminal record. The less obvious ramifications are higher insurance, cancellation of drivers license, court costs, reinstatement costs, and license plate impoundment.
Q: If I have been arrested of DWI what should I do?
A: If you are in custody, you should demand to speak with an attorney. The police must, upon request of the driver, provide an individual with a telephone and phone book to aid the driver in getting the advice of an attorney. You should also arrange to have an additional independent test. The police cannot prevent a driver from calling to arrange a test or impede a person from coming to jail to administer the test.
Q: Do I have to take a blood or urine test in Minnesota?
A: A person can lawfully refuse a blood or urine test unless an alternative choice is offered.