In order for an officer to make a DWI arrest after a traffic stop, the officer must have evidence that amounts to probable cause. Although many stops do lead to a DWI arrest, a stop is distinguishable from an arrest in that the amount of evidence necessary to support an arrest is higher than the reasonable suspicion needed to stop a motor vehicle.
In some instances, valid traffic stops have been deemed excessively intrusive and Minnesota DWI courts have found such facts to be equivalent to arrests. Minnesota courts have allowed officers to detain an individual long enough to run a license, vehicle registration, and a warrant check within the scope of a valid traffic stop. Several factors are relevant in determining whether a police encounter is a stop or an arrest:
- The length of time of the stop
- The location of the stop
- The conditions of the prolonged detention
Anoka DWI Attorney
Under Minnesota DWI law, a person may be considered to be held in custody if a “reasonable person” under the same circumstances would not feel free to leave. If a Minnesota DWI court determines that an individual was “in custody” or if an officer actually places an individual under arrest, then probable cause must exist. Minnesora DWI law defines probable cause as the degree of suspicion sufficient to justify the invasion of privacy that is inherent in a seizure. It must be substantial suspicion, but less than proof beyond a reasonable doubt.
The elements of probable cause to arrest are:
Probable cause to believe that an offense was committed
Probable cause to believe that the person to be arrested committed the offense
Without probable cause, a DWI arrest is unconstitutional. In some instances, Minnesota drunk driving cases have been dismissed as a result of an overly intrusive stop or arrest. An experienced DWI lawyer can examine the facts of your case and determine if the arresting officer had probable cause to arrest you.