If you are pulled over and the officer has reason to believe that you may be under the influence of alcohol or drugs, they may ask you to step out of the vehicle and perform some standard field sobriety tests. You should comply with the officer’s request to remove yourself from the vehicle, but do you have to partake in the dog and pony show that is the field sobriety test? In today’s blog, we explain whether you are legally required to submit to field sobriety tests or not in Minnesota.
What You Can And Can’t Refuse During A Minnesota DWI Stop
We’ve talked a lot about Minnesota’s Implied Consent law on our blog, which states that it is a crime in and of itself to refuse a chemical test (breath or blood) after an arrest. If you are arrested, brought to the station and asked to submit to a breath or a blood test, and you refuse, you will face additional criminal charges. We’ve also discussed that refusal may actually be in your best interest, especially if you’ll be handing over evidence that will serve to convict you for DWI, which is why the decision to submit to a chemical test should be made on a case-by-case basis. Just know that refusing to submit to a chemical test after an arrest will lead to an Implied Consent variation.
However, a test refusal violation only applies to a chemical test after an arrest. Other forms of refusal are perfectly legal, and you are well within your rights to opt not to partake in certain roadside tests. For example, you can decline to participate in roadside field sobriety tests and you can refuse to submit to a warrantless request to blow into a breathalyzer on the side of the road, and you will not be hit with any additional charges for refusing to do so. You can partake if you want, but we only recommend doing so if you know for a fact that you are sober or under the legal driving limit. Handing police additional evidence to be used against you in court is rarely a wise decision, so know that you can simply say that you will not be participating in any warrantless tests.
Now, refusal doesn’t mean that you’ll avoid consequences tied to the original traffic stop. You’re probably more likely to be arrested if you refuse to comply with roadside testing or a roadside breathalyzer, but that’s not necessarily a bad thing. If the only evidence they have against you is a subjective report of an officer and little physical evidence, it’s much more likely you’ll be able to win your case. Always remember that field sobriety testing and roadside breathalyzer refusal are completely fine and will not earn you any additional penalties like you may find with an Implied Consent violation.
For more information about DWI laws in Minnesota or your rights as an individual at the center of a traffic violation, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
