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What Happens After You Are Stopped For A DWI In Minnesota?

This depends on a variety of factors including 1) how many prior DWIs, DUIs or loss of driver's license due to alcohol you have had within the past 10 years 2) the blood alcohol concentration (BAC) you had or if you refused to take the blood alcohol test 3) your attitude towards law enforcement 4) whether children were in the vehicle and 5) if anyone was injured.

Generally speaking though, you will be:

1) Stopped on the side of the road, 2) asked to step out of the vehicle, 3) given "standardized field sobriety tests", 4) given a PBT or a preliminary breath testing device (this is a little black box you blow into). The PBT uses a chemical/electric reaction (called a fuel cell) to determine your blood alcohol level. If the PBT is at or over .08 you will be placed under arrest for driving while impaired in Minnesota. It is important to note that the Breathalyzer is generally not admissible in court and only provides the police with probable cause to arrest you for driving while impaired.

The next step involves the police taking you to the hospital for a blood draw or to the police station for a urine or breath test. One thing to remember is that you absolutely must be given the opportunity to speak with a DWI DUI attorney before you take a blood alcohol test; be it blood, breath or urine. If the police do not let you consult with the attorney of your choice and you are actively trying to contact the attorney, the test may be suppressed. This makes conviction for a DWI much more difficult for the prosecutor.

After the test you may then be released to a sober adult, sent to the Detox Center, or kept in jail until your first appearance in court where bail and release conditions will be set by the judge. Either way, you have the right to obtain an alternative test administered by a person of your choosing. This is true even if you are in jail.


Rosengren Kohlmeyer Law Office
201 N. Broad Street, Suite 305
Mankato, Minnesota 56001
507-625-5000
www.rokolaw.com
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