Before the police can arrest you for a DWI, they will need to establish probable cause to believe you were driving, operating or in physical control of a car while under the influence of alcohol. By requiring a suspect to submit to standardized field sobriety testing before an arrest is made, police can usually avoid any legal challenge to probable cause for your arrest. In order to require standard field sobriety testing, police must first have a reasonable suspicion that you are under the influence of alcohol. Driving conduct is an important factor in establishing that a driver may be impaired. Driving too slowly, weaving in your lane, crossing the center line, or speeding are all important factors in creating DWI suspicion. Visual clues of the suspect help the police too like blood shot and watery eyes, flushed face, or slow reacting pupils. The odor of alcohol also creates suspicion and is recognized as a universal clue. An admission by you that you consumed alcohol before or while driving does not help your case.
Once police have reasonable suspicion to believe that you are an impaired driver, they will be allowed to request that you submit to standard field sobriety testing. The one leg stand, the walk and turn test, and the HGN test are all police favorites. There is a grading system in place for the officer to score whether or not you have passed or failed each test. Police typically end by requesting that you submit to the PBT or preliminary breath test which is a portable breath testing device. If you have failed one or more of these field sobriety tests, police will typically have established enough probable cause to justify your arrest.
My advice? Refuse to submit to standardized field sobriety testing.
Wy make it easy for the police? You will need now more than ever an experienced Minneapolis DWI and criminal defense lawyer who will fight to keep you out of jail and back driving on the road. Contact Minneapolis criminal defense attorney Robert J. Shane now at (612) 339-1024 for a free phone consultaton or visit his website at www.CriminalLawyerMinnesota.com.
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