If you have been drinking and driving you have a various rights related to DWI, or any other traffic offense in Minnesota. These Do’s and Don’ts will apply if you have been drinking, and believe that it is likely that if you take a Preliminary Breath Test (PBT) you will fail.
DO… Limit your speech to only the required information that you must provide the officer. Have your license and proof of insurance ready before the officer arrives at your window. Also, be prepared to provide the officer with your name, address, date of birth, etc… Remember to be respectful, being a jerk to the officer is only going to make the experience worse for you.
DON’T… Answer any further questions from the officer about why you were stopped or if you have been drinking. Minnesota Courts have consistently said that blood shot eyes, slurred speech, and any admission that you had even a single drink is enough for an officer to begin Field Sobriety Tests. In any event its best to just stay quiet to keep from incriminating yourself. Remember be respectful at all times.
DO… Obey all reasonable commands from the officer. After refusing to answer the officer’s questions he will probably ask you to exit your vehicle. Listen to the officer, get out of your vehicle, and close the door behind you so that he cannot see inside your vehicle. This will keep the officer from finding “any” further evidence without first obtaining a search warrant.
DON’T… It is your right to refuse to take any Field Sobriety Tests or Preliminary Breath Test. Refusing these tests is not a crime. If you refuse, it is likely that the officer will tell you that he will arrest you for DWI and take you to the station for booking and further testing. At this point it is likely that you will be arrested when you fail the tests anyway. Attempting these tests can really only work against you.
DO… Request to speak to an attorney before answering any questions or submitting to further testing. This is your right to speak to an attorney before being required to take a blood, breath, or urine test. Refusing this test is a crime, and can enhance the severity of the offense, but an experienced attorney can help you make the right decision in your situation.