Should I Refuse a Field Sobriety Test?
Knowing that police officers are tough on enforcing Minnesota Driving While Impaired (DWI) laws, you might be wondering whether you should refuse a field sobriety test in Minnesota if pulled over. Field sobriety tests in Minnesota are voluntary, and drivers can legally refuse them without direct penalties. However, refusal might influence an officer’s decision to arrest and be used as evidence in court. Unlike chemical tests, FSTs are not mandatory under Minnesota law.
Still, despite a driver having the right to decline field sobriety tests, it’s best to consider crucial information about the laws when making a decision. By consulting with a knowledgeable Minnesota DWI defense attorney, you can be aware of your rights and determine when refusing field sobriety tests is wise. A summary of the important legal points is informative.
What is a Field Sobriety Test?
A field sobriety test (FST) is a series of physical and mental tasks that law enforcement officers may implement to determine if a driver is under the influence of alcohol or drugs.
According to the National Highway Traffic Safety Administration (NHTSA), there are three standardized tests in common usage:
- Horizontal Gaze Nystagmus Test (HGN)
- Walk-and-Turn Test
- One-Leg Stand Test
These tests evaluate balance, coordination, and the ability to follow instructions. While intended to detect impairment, these tests are subjective and often influenced by factors unrelated to intoxication.
Are Field Sobriety Tests Mandatory in Minnesota?
Field sobriety tests (FSTs) are not mandatory in Minnesota. Drivers have the legal right to refuse these tests without immediate penalties, as FSTs are voluntary and used primarily to establish probable cause for a DUI arrest. However, refusal may lead law enforcement to rely on other evidence of impairment.
In contrast, Minnesota’s Implied Consent Law mandates chemical testing, such as a breath, blood, or urine test, after a lawful arrest. Refusing a chemical test carries significant penalties, including license suspension and possible charges for refusal itself.
What Happens if You Refuse a Field Sobriety Test in Minnesota?
It’s important to remember that field sobriety tests are voluntary and not a legal obligation in Minnesota. You can refuse, and you cannot be penalized solely for declining to perform them. Note that refusing a field sobriety test in Minnesota does not carry the same legal consequences as refusing a breath or chemical test, which are subject to state implied consent laws.
However, officers may interpret your refusal as non-cooperation and proceed with other investigations into potential impairment. They may issue a portable breath test to assess whether you’re over the legal limit. A deeper probe may turn up sufficient evidence to support an arrest for DUI/DWI.
Can Refusing a Field Sobriety Test Be Used Against You?
If you refuse a field sobriety test, law enforcement might document your refusal as evidence of possible impairment. In court, prosecutors may argue that your refusal suggests guilt or a fear of failing the test. While this is not definitive proof of intoxication, in practice, declining to perform FSTs may imply guilt. Therefore, you might be within your rights, but your actions can still impact how your case is perceived by a judge or jury.
Are Field Sobriety Tests Accurate?
Field sobriety tests are not foolproof, and there can be significant issues with reliability that affect your case. Many factors can lead to false positives, such as:
- Poor lighting
- Weather conditions
- Uneven, wet, or slippery surfaces
- Medical conditions
Additionally, stress or nervousness can affect performance, even if the driver is sober. You should be aware of and recognize these critical limitations, as they highlight the subjective nature of these tests. Results of FSTs should not be the sole basis for a DUI/DWI charge, and your defense could hinge on these factors.
Should You Refuse a Field Sobriety Test in Minnesota?
Refusing a field sobriety test has both advantages and disadvantages. On the positive side, you avoid self-incrimination because your refusal denies the officer subjective evidence to build a case against you.
However, refusal frequently influences the police officer’s decision-making for an arrest. Declining might:
- Escalate the situation
- Prompt further testing, such as a breathalyzer or blood draw at the police station
- Motivate officers to conduct additional searches of your vehicle
Appreciating the potential outcomes of refusal can help you make an informed decision during a DUI/DWI stop. In addition, there are multiple situational factors to consider before refusing a field sobriety test in Minnesota:
- State Laws: Minnesota’s voluntary test policies and their implications.
- Personal Condition: Evaluate if health, fatigue, or stress could affect test performance.
- Environment: Assess road conditions, lighting, and other external factors that could influence results.
What Are the Penalties for Refusing a Field Sobriety Test in Minnesota?
In Minnesota, field sobriety tests are voluntary, and refusing them does not carry direct legal penalties. However, refusal may lead to further investigation or arrest if the officer suspects impairment. Law enforcement can document your refusal, which might be used as evidence in court to suggest non-cooperation or intoxication.
It is crucial to differentiate this scenario from chemical test refusals, which are governed by Minnesota’s Implied Consent Law and can result in license suspension, fines, or other penalties.
What Are Your Rights During a DUI/DWI Stop in Minnesota?
During a DUI/DWI stop in Minnesota, you have specific rights. Knowing them can protect you from self-incrimination and preserve your legal defenses. Therefore, keep in mind:
- You are not obligated to perform field sobriety tests.
- You have the right to remain silent.
- You may also refuse a preliminary breath test if you are under arrest, though this carries consequences under Minnesota’s Implied Consent Law.
- You have the right to legal representation from an experienced DUI/DWI attorney.
What Should You Do If Arrested for DUI/DWI in Minnesota?
If you’re charged with drunk driving in Minnesota, one tip to remember above all is to remain calm. Follow police instructions, and never resist arrest. Additional steps to take if arrested include:
- Request legal representation immediately.
- Avoid making statements that could be used against you.
- Document details of the stop, including the officer’s actions and environmental conditions.
- Understand test requirements for breathalyzer, blood, or urine testing for blood alcohol concentration (BAC).
It’s critical to consult with an experienced DUI/DWI attorney right away to review the evidence, explore defense strategies, and advocate for the best possible outcome in your case.
How Can a Minnesota DUI/DWI Lawyer Help You?
Your attorney provides legal support in two key ways:
- A lawyer works to prevent the prosecutor from meeting its burden in a criminal case, which is proof beyond a reasonable doubt.
- Your criminal defense attorney develops strategies to defend the charges via documentary evidence, witnesses, and legal arguments.
Specifically, a skilled Minnesota DUI/DWI lawyer can challenge the validity of the arrest and identify flaws in the prosecution’s case. Improper procedures, unreliable test results, or lack of probable cause for the stop could all weaken the allegations against you. An attorney can also argue against the use of field sobriety test refusals as evidence and highlighting alternative explanations for your behavior. By developing a strong defense strategy, your attorney can work to reduce or dismiss charges.
Contact a Minneapolis DUI Defense Lawyer Today
Don’t let uncertainty about field sobriety test refusals or DUI charges impact your future. The drunk driving defense lawyers at Gerald Miller, P.A. will take advantage of all possible defense strategies to protect your rights. Our firm’s focus is criminal defense matters, so we draw from significant experience and knowledge to serve your needs.
Please contact Gerald Miller, P.A. to discuss your case with an experienced attorney. You can call 612-341-9080 to schedule a free, no-obligation consultation and get personalized advice tailored to your situation.
Related Content:
- Is DWI a Felony or Misdemeanor Under Minnesota Law?
- Can You Avoid Jail Time After Getting a DUI in Minneapolis?
- Can You Refuse to Stop at a DWI Checkpoint in Minneapolis?
- How Do I Challenge a DUI Blood Test in Minnesota?
