Getting pulled over on suspicion of DWI in Minnesota can be a terrifying experience. The lights flash. The siren blares. Your heart races. What happens next can have a huge impact on your freedom, license, and even your job.
As a criminal defense attorney who’s helped hundreds of Minnesotans through DWI charges, I’ve seen firsthand how small decisions during a traffic stop can either hurt or help a case. In this article, I’ll walk you through exactly what to do and what not to do if you’re ever pulled over for a DWI in Minnesota.
Once you see the flashing lights behind you, signal immediately and pull over to the nearest safe area. This seems simple, but erratic driving, sudden stops, or delays can raise red flags with the officer and become part of their report.
TIP: Keep your hands on the wheel to show you’re cooperative and non-threatening.
Roll down your window as soon as possible. If you’ve had anything to drink, this helps reduce the concentration of alcohol the officer may smell when approaching your car. The odor of alcohol is one of the first things officers use to build a case against you.
You are not required to answer every question. Be courteous, but don’t volunteer information.
Don’t say: “I only had a couple beers.”
Do say: “Officer, I’d prefer not to answer any questions without speaking to a lawyer.”
Keep your answers short and non-confrontational. Arguments or rudeness almost never help and often make things worse.
Minnesota law requires you to provide:
You are not required to:
You’ve likely seen the walk-and-turn or one-leg stand tests on TV. In reality, they are nearly impossible to “pass” under pressure. Officers are trained to spot even the smallest missteps and these results are often used to justify an arrest.
Bottom Line: You have the right to politely refuse standardized field sobriety tests (SFST’s) in Minnesota.
The officer may ask you to blow into a small handheld device called a Preliminary Breath Test (PBT). This test is optional and not admissible in court, unless charged with test refusal in most cases it’s only used to establish probable cause for arrest.
So, should you take it?
Strategic Tip: In many cases, it can be useful to take the PBT. If your result is under .08, you might avoid arrest altogether. If you’re over .08, the test gives you valuable information for your defense especially if you later speak with an attorney before the official test.
If the officer won’t show you the results, that often means the number is close to the legal limit (.08 alcohol concentration) or the aggravating threshold (.16 alcohol concentration).
If the PBT result is over .08, or if the officer believes you failed the SFST’s, you will likely be arrested. Remain calm. Do not resist or argue.
There are three types of tests used to determine alcohol concentration scores. They are breath, blood or urine tests. If Law Enforcement requests a breath test, they must read the Breath Test Advisory. Blood or Urine tests require that Law Enforcement obtain a search warrant first.
This is the most important advice I can give:
Always request to speak with an attorney before agreeing to take a breath test at the station.
This pause can give your body time to process alcohol and may lower your blood alcohol content. Plus, if the officer fails to allow you meaningful access to a lawyer, your test results might be suppressed in court a huge advantage for your defense.
This is a complex decision. Refusing the official test (not the PBT) can lead to an additional criminal charge of test refusal, which carries serious penalties.
General Rule: Unless advised by your attorney otherwise, it’s usually better to take the test than to refuse especially because test refusal can result in longer license revocation and steeper criminal penalties.
After your release, record every detail you can remember:
This information can help your attorney build a strong defense.
Most people arrested for DWI have no criminal record and never expect to be in that situation. But the legal consequences in Minnesota can be devastating especially if you make the wrong move during the traffic stop.
Remember: being calm, respectful, and informed is your best defense. And when in doubt, say six powerful words:
“I want to call my lawyer.”
Don’t face the system alone. Call Attorney Thomas K. Hagen today for an aggressive and experienced defense.
No. You are only required to provide your name, driver’s license, and proof of insurance. You are not required to answer questions like “Have you been drinking?” Politely say, “I’d like to speak with an attorney before answering any questions.”
Yes. Field sobriety tests, such as the walk-and-turn or one-leg stand, are optional in Minnesota. You can respectfully decline them — and often should, since even sober individuals may fail due to nerves, injury, or poor weather conditions.
The PBT is not mandatory and is not admissible in court. However, there may be strategic reasons to take it — especially if you believe your BAC is under .08. You can always ask to see the results, though the officer is not required to share them.
Refusing the official test at the station or hospital can result in a separate criminal charge of “test refusal,” which often carries harsher penalties than a standard DWI. Always request to speak with an attorney before deciding.
Yes. Under Minnesota’s implied consent law, you have the right to consult with an attorney before deciding whether to take a formal evidentiary test. This right must be honored, and failure by law enforcement to allow it can lead to suppression of the test.
Stay calm, be polite, avoid answering incriminating questions, don’t take field tests, and always ask to speak with a lawyer before deciding on a chemical test. These steps can protect both your rights and your case.
