Getting stopped and arrested for DWI can instantly turn your world upside down. Your freedom, driving privileges and financial stability suddenly hang in the balance. The flashing lights in your rearview mirror might trigger panic, but keeping your composure is crucial.
What you say and do in the minutes following a traffic stop can significantly impact the outcome. Understanding your rights and making informed decisions can mean the difference between a conviction and a successful defense.
5 things to remember after being pulled over
The moments before and immediately after a DWI arrest are the most important for implementing a strong defense. Police officers are trained to observe everything about your behavior, speech and appearance. Responding appropriately is crucial. This includes:
- Pull over safely and turn off your engine. Place your hands visibly on the steering wheel.
- Be polite but provide only basic identifying information when requested.
- Remembering that you can decline field sobriety tests without penalty in Minnesota.
- Refusing a breathalyzer is a separate crime under Minnesota’s implied consent law, and a refusal doesn’t prevent arrest.
- Having the right to contact an attorney before chemical testing at the station.
Your actions during the stop create the foundation for any future defense strategy.
Understand your rights
In Minnesota, a DWI conviction carries serious penalties including license suspension for at least 90 days, fines up to $1,000 for a first offense and potential jail time. Aggravating factors like a blood alcohol content (BAC) of .16 or higher or having a child in the vehicle increase penalties dramatically. Multiple offenses can lead to vehicle forfeiture, years-long license revocation and even felony charges.
While avoiding drinking and driving altogether is always the best choice, an arrest doesn’t automatically result in a conviction. Minnesota law provides several potential defense strategies. You have the right to challenge the legality of your traffic stop, question the accuracy of chemical tests and examine whether police followed proper procedures during your arrest.
Exercising your right to remain silent and consulting with an attorney experienced in DWI defense can help identify weaknesses in the prosecution’s case. Your attorney might discover issues with testing equipment calibration, improper test administration or constitutional violations during your stop.
Remember that the prosecution must prove your guilt beyond a reasonable doubt. With skilled legal guidance, you may be able to minimize penalties or potentially have charges reduced or dismissed.