If stopped for a DUI in Minnesota
If you are stopped by law enforcement in the State of Minnesota for suspected Driving Under the Influence (DUI) observe the following*:
1. Don't answer any of the police officer's questions other than providing your name, license and proof of insurance;
2. Don't admit to drinking or doing drugs;
3. Don't do any physical tests (stupid human tricks)*
4. Ask to speak with an attorney
5. Submit to a blood or breath test following your arrest**
6. Request an independent sample of your blood or breath
7. Ask for release so you can get your own independent blood test.
*You are not obligated to take any field sobriety tests in Minnesota, including the Horizontal Gaze Nystagmus (HGN) Test (the eye test). We recommend that you politely refuse to take the tests, as their results are subjective and can be interpreted against you even if you think you did, or will do, very well. Submitting to the tests will almost always give the police officer probable cause to arrest you for DUI (assuming they lacked probable cause before the tests). Why give them potentially incriminating evidence, even if you know you are sober?
**The advice above regarding taking a blood or breath test applies only to a first offense in Minnesota, and is based on the fact that if you refuse a test you will lose your license for a year and be charged with a Gross Misdemeanor. If you take a test, depending on the result, you are looking at between 90 and 180 days license suspension for a first DUI arrest and a Misdemeanor charge, unless the result exceeds .20 blood alcohol.
The reason that most credible scientists across America (and in other countries) are unwilling to categorize field tests - even the National Highway Traffic Safety Administration (NHTSA) tests - as being “scientific” is that too many variables are involved in roadside testing to ever eliminate pure chance and non-controlled circumstances from the equation (e.g., environmental conditions such as lighting and roadway slope).
Numerous states, including Texas, Alabama and Mississippi, do not permit HGN evidence to be admitted at trial. The reason behind this is that these “party games” (as noted Swedish scientist Dr. A.W. Jones has called them) do not pass well-established rules of evidence (court rules for determining when certain types of information may be presented to the jury) for scientifically acceptable tests.
Even the NHTSA admits that under optimal conditions (i.e., in an air-conditioned, well lighted room) 35% of sober, drug-free subjects get inaccurate results on the one leg stand test, 32% of sober subjects get flawed results on the walk and turn, and 23% of sober subjects are inaccurately said to be “over the legal limit” on the Horizontal Gaze Nystagmus test. By comparison, polygraph (lie detector) tests are more than 90% accurate when conducted by a qualified operator), and (absent a stipulation by both parties) are still not permitted into evidence by most courts!
NOTE: This information is not to be considered legal advice and is in no way a substitute for professional legal counsel by an attorney experienced in the representation of clients charged for such offenses.
Minnesota Driving While Impaired Statutes
