DWI Automobile Stops in Minnesota, What to do?
The court cases in Minnesota have ruled that you do not have the right to an attorney until you
are in custody, but you do not the right to remain silent, and you should use that right and not talk
to the police. The police are not pulling you over to help with your situation and talking to them
will only make your situation worse. You may have defenses to the stop if the police did not
have reasonable suspicion to pull over your vehicle. It is important to consult with a Minnesota
attorney to determine if the police had a good reason to pull over your vehicle.
If the police decides to bring you into custody for a DWI you have the right to contact a
Minnesota attorney. You should take advantage of this right to get advice on what you should do
now that you are in custody. The police have to give you an opportunity to contact an attorney
for advice regarding what type of test you should choose or if you should refuse the alcohol test.
Refusing the breath alcohol test is a crime and the only time it should be refused is if you feel
your blood alcohol content (BAC) will be over .20. You have the right to request an alternative
test if only a blood and urine test are offered. You also have the right to request an additional test
of your own choosing. This has a couple of potential advantages the first is that if the police do
not allow this second test, their test is not admissible in court. The second is the test may show a
lower alcohol reading.
