Well, after a number of years of venting to myself about all that is the world of DUI/DWI & Criminal Defense (and after listening to the frustrations of my clients who are CONSTANTLY being misinformed my their friends as to the "law"), I decided to do this...
a blog (which I am still not 100% exactly what this is).
Apparently, I am free to say and do what I want. And, what I want to do is:
talk about...
rant about...
discuss...
debate...
and enlighten you about... all things DUI/DWI & Criminal Defense related.
Hopefully a colleague of mine will stop by from time to time to lend a hand. I am not sure how this will all work out, but it will be interesting!
Thanks for visiting and here we go...
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One of my friends referred me to you since you helped her out a few months ago. I was wondering if you get stopped and you may or may not have been drinking, do you have to take the field sobriety tests? If you don't-what will happen?
ReplyDeleteWell, given the limited information you have given me, I would say this...
ReplyDeleteFirst, you do NOT have to take ANY field sobriety tests (i.e. you do not have to give any evidence of possible intoxication to the State without a warrant telling you to do so) and the only test (but see later) you HAVE to take is the "test" back at the police station pursuant to the Minnesota Implied Consent Advisory which, in addition to your obligations informs you of your "rights" and such, informs you that you must either take a "breath" test or a "blood or urine test" of which you get to pick between the latter. The only source of confusion in all this is whether you have to take a "PBT" (preliminary breath test i.e. the breath test on the side of the road) and there is really no good answer to this as it is not a crime to not take the PBT, but under the statute and according to the meaning given such statute(s), some courts believe this gives an office automatic "probable cause" to arrest. My advice is to NOT take the test and let a good lawyer argue why that does not amount to probable cause. In any event, the best advice is to contact an attorney ASAP so they can explain it in more detail. Thanks for the question and I hope our response has been at least somewhat helpful!