The last thing you want to see in your rearview mirror is a police vehicle with its lights engaged, and that’s even more true if you have any alcohol in your system. Driving after consuming alcohol isn’t illegal unless you’re over 0.08 or unable to maintain safe control of the vehicle at a lower blood alcohol concentration, but being pulled over after drinking can be quite nerve wrecking, even if you believe you’re still legal to drive. We want to pass on some advice if you should ever find yourself in this situation, so in today’s blog, we share five things you should never do if you are pulled over and potentially facing DWI charges in Minnesota.
What Not To Do During A DWI Stop
It doesn’t matter if you’ve had one beer or 20, there are some actions you’ll want to avoid if you are stopped by police after drinking. Here are five things you should never do:
1. Admit To Drinking – Never tell police that you have been drinking. Don’t say that you “only” had one or two beers. Police aren’t going to hear that and think “Oh, just two beers, this person is still under the legal limit, I’ll let them go.” They are going to think “They just admitted to drinking alcohol before driving,” and that will be used to justify a longer traffic stop or potentially be used to base an arrest or build a criminal case against you. Don’t admit to drinking, even if it really was just one beer.
2. Consent To A Vehicle Search – There are three ways that police can legally search your vehicle, with a warrant, with your permission or after you’ve been arrested. They’ll search your vehicle if they end up arresting you, but you don’t need to provide them with this permission ahead of time. If they find marijuana that’s illegally packaged or something else in the vehicle that makes your criminal situation worse, you could end up with additional charges. Don’t fall for the “if you have nothing to hide, why not consent to a search” line. You are protected against warrantless searches, so simply say that you’ll gladly consent to a search if a signed warrant is produced, but for now you are not granting permission for a search.
3. Physical Field Sobriety Tests – You are within your rights to decline to take the physical field sobriety tests without additional penalties. Refusing to provide a breath test sample is a different story, but you don’t need to try to walk the line or follow a finger with your gaze. You can simply say that you will not be performing the physical field sobriety tests, but you’ll provide a breath sample (if that’s what you choose to do). If you know you’re under the limit, provide the sample, but if you know you’re well over the limit, you’re probably getting arrested anyways, and this will only provide more evidence to the prosecution, so more discretion is advised. Either way, don’t participate in the voluntary physical tests.
4. Overexplain – As we discussed in the section on admitting to alcohol consumption, don’t overexplain your situation or provide more details than necessary. Police are not on your side, and they are looking for evidence to arrest you. Don’t tell them you were coming from a bar or say that you are coming home from a night out with friends. Identify yourself, provide necessary documents like your license and registration, and then keep your mouth sealed. This includes if you end up in the back of a cop car or on the phone at the police station, as these areas will be recorded and what you say can be used against you.
5. Flee – Finally, don’t make a bad situation worse by trying to flee. Whether that’s in a vehicle or on foot, it’s never a wise idea to try and flee from police. We can help you get out of a tough legal spot, but the only way to do that is with a smart legal defense in court. Don’t tack on additional charges because you panicked and tried to flee the scene.
If you can avoid the above actions and you contact an experienced defense firm like Appelman Law Firm, we’re confident you’ll avoid a worst case scenario with your traffic stop. Give our team a call for more information or to set up a free case review session. (952) 224-2277.
