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Do You Have a Right to Refuse a Field Sobriety Test in Minnesota?

If you are pulled over on suspicion of intoxicated driving in Minnesota, the responding police officer may ask you to perform a field sobriety test (FST). These tests come in a number of different forms, including:  The Horizontal Gaze Nystagmus (HGN);  The walk-and-turn;  The one-legged-stand; and  A preliminary handheld breath test.  While the results of...

Drawing Blood Without a Warrant

As citizens of the United States, two of our most important constitutional rights are the Fifth Amendment right against self-incrimination and the Fourth Amendment right against unlawful searches and seizures. The Fifth Amendment protects individuals from being made to confess or admit guilt to a crime that an individual allegedly committed. The Fourth Amendment protects individuals...

Factors that Affect Alcohol Absorption

There are many factors that affect the rate of alcohol absorption by the body. These factors can influence an individual’s ability to determine their level of inebriation and can influence their decision to operate a motor vehicle. BAC and Functional Abilities Alcohol consumption impacts an individual’s vision, reaction time, cognitive function, and ability to manage...

Field Sobriety Tests, Not As Reliable As You Think.

The field sobriety tests are tests administered by law enforcement to determine sobriety from the side of the road. These tests were researched in the 1970s by the Southern California Research Institute and Standardized by the National Highway Traffic and Safety Administration. They have been approved to date as a ‘reliable’ method of establishing probable...