Being in physical control of a vehicle doesn't necessarily mean you were driving. A car, boat or other vehicle may be parked, or you may be sleeping in the vehicle, but you still could be determined to be "in physical control". Learn more.
Yes. It is possible to be charged with or be guilty of DWI/DUI if it is determined that you were in physical control of the vehicle. Determining factors can include location of keys, whether the engine is running and where a suspect is located in the vehicle. Learn more.
The DataMaster or DMT is a breath test machine that is used to determine officially whether a driver has a blood alcohol content of .08 or greater. If they do, they will likely be charged with DWI. Under the implied consent law, drivers are required to take this test if law enforcement has probable cause [...]
A preliminary breath test or PBT is a test that is used to determine if a driver is under the influence of alcohol prior to arrest. If a driver blows .08 or greater, they will be arrested. Law enforcement needs at least reasonable, articulable suspicion to request that a driver submit to a PBT. The [...]
In every criminal case, you have the right to an attorney during the court process, but in DWIs there is an additional point where the officer must allow you to speak with an attorney. Learn more.
Having an attorney on your side can be of great benefit in a DWI case. Your charges could be reduced or thrown out entirely. Learn more Additionally, you have a right to speak with an attorney before taking the breath test. See article
What to do if you have been stopped for a DWI in Minnesota 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 [...]
Minnesota law requires you to take a blood, breath, or urine test if you are arrested for a DWI. Minnesota’s implied consent law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving or boating while intoxicated, then you consent to taking a chemical [...]
You have a limited right to speak to an attorney before consenting or denying the Implied Consent Test. The officer must tell you that you have this right before you take the test. This does not give you the right to speak with an attorney for hours, though, because of the testing delay. You are, [...]
DWI means “Driving While Intoxicated.” DUI means “Driving Under the Influence.” These can have different meanings in other states, but in Minnesota these terms are essentially the same.
If an officer has a reasonable, articulable suspicion that you have committed a DWI they may order you out of your vehicle, and ask you to conduct FSTs, and/or a PBT. These four roadside tests include, (1) Horizontal Gaze Nystagmus, (2) one-leg stand, (3) walk-and-turn, and (4) portable breath test. It is important to understand that [...]
