Minnesota DWI Law and Chemical Testing
In the state of Minnesota, anyone with a valid driver's license is considered to have given applied consent to a chemical test if suspected of a DUI or DWI violation. Understanding your rights as they apply to chemical testing is paramount to your defense if you are ever victim of a Minnesota DUI arrest.
Who is Subject to DWI Chemical Testing?
Anyone who has been pulled over and gives an officer probable cause to believe a DWI violation may have occurred is subject to DWI chemical testing. These include individuals who have been arrested for DWI violations and those who have been involved in any type of motor vehicle accident. Individuals who have taken a chemical test and registered a blood alcohol level of .08 or more or those who refuse a chemical test will automatically be charged with a DWI violation.
Minnesota DWI and Probable Cause for Chemical Testing
An officer needs to have probable cause before requesting a chemical test when he suspects a DWI violation has occurred. Officers have several ways of legally establishing probable cause. The first is merely witnessing erratic or impaired driving behavior that would make him suspicious of DWI involvement.
The officer may stop a driver for any moving violation and, upon questioning, may observe behavior that leads him to believe that the driver is intoxicated. If this is the case he may request a chemical test.
An officer may also administer a field sobriety test (aka SFST) or may administer a preliminary breath test (PBT) and use those results to determine whether or not he wants to request a formal chemical test.
Arrest and Chemical Testing
If an officer has established probable cause for a chemical test he has the right to arrest the driver and demand either a breath, blood, or urine test. Minnesota DWI law stipulates that an officer may not administer a test without reading the accused an implied consent advisory statement. The statement confirms that the test is mandatory, that failure to take the test will result in criminal charges, and that the accused has the right to the advice of an attorney before taking the test.
The officer can give a chemical test without reading the advisory statement but doing so will limit the penalties that can be assessed against the driver. The driver can still be charged for refusing or failing the test as a criminal but the administrative penalties, such as driver's license suspension or revocation of license plates, may not be enforceable.
Giving Consent for a Chemical Test
A driver who becomes unconscious automatically gives up his right to hear the implied consent advisory statement and the arrest records will show that he did not refuse consent to a chemical test. While it is up to the officer to decide whether to use a blood, breath, or urine test, an accused driver does have the right to refuse a specific type of test, at which point the officer must offer an alternative testing method.
It is your right, according to the implied consent advisory statement, to consult an attorney before subjecting yourself to a chemical test. Make sure you take advantage of your rights and contact a Minnesota DUI lawyer immediately for advice and guidance.
