(DWI) and (DUI) FAQs
Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) FAQs:
When can an officer pull me over?
When can an officer expand a traffic stop into a DWI investigation?
You need a DWI attorney with a unique approach. To dispute this, I pull public records of police reports involving the arresting officer in DWI charges. Most of the time, you will find the officers sight the same indicators. This goes to their credibility. It’s hard to believe everyone who drinks displays bloodshot and watery eyes, and therefore, their testimony is not credible
When can an officer arrest me for DWI or DUI?
To rebut probable cause, you need a DWI attorney who knows how to obtain the evidence you need.
How can I fight the Field Sobriety Test after taking it?
What is the difference between the portable breathalyzer and the one at the station?
When can you fight breathalyzer accuracy in DWI cases?
Does an officer need to actually see me drive?
What if the delay was more than two hours between when you drove and when you were tested?
When can I speak with an attorney after being arrested for DWI but before submitting to a breathalyzer, blood or other chemical test?
A recent supreme court ruling held that blood tests cannot be given without a warrant, a former common practice in DWI arrests. In response, Minnesota changed their DWI statutes to remain constitutional. The Minnesota Supreme Court held as such because you are not “meeting your maker” in the same sense as a request for a breath test (warrants are reviewed by a neutral third-party judge).
Can an officer force me to take the breathalyzer or give my blood?
No, in both scenarios, the officers must respect your request and the only exception to this rule is if you are unconscious. This also goes for the Field Sobriety Test and portable breathalyzer administered on the road. If you were forced to take any test, as your DWI attorney, I can argue to suppress the results and ultimately dismiss your DWI.
Should I take the PBT or Field Sobriety Test?
On the other hand, I would advise that you never take the Field Sobriety Test because they are near impossible to pass even if you are sober. Almost all the time, the Field Sobriety Test will hurt you and your case and although refusing to take the test will be again go toward probable cause, not taking the test will not adversely affect your circumstances as much as failing a test.
Can I choose what test I take (breath, blood or urine)?
Blood tests on the other hand require warrants and if an officer offers you a blood test, they must also offer you a urine test and vice versa, if an officer offers you a urine test, they must also offer you a blood test. For that reason, urine tests essentially require warrants.