What to Do If Pulled Over for Drunk Driving

Posted by Brodie Hacken on Dec 3, 2025

You may be wondering what to do if pulled over for drunk driving. If you’re pulled over for drunk driving, you should stay calm, keep your hands visible, avoid making self-incriminating statements, decline field sobriety tests, and request to speak with an attorney before any official chemical testing.

Traffic stops involving suspected DWI are among the most stressful and legally sensitive encounters a driver can experience. From the moment the squad lights activate behind you, the officer begins observing your behavior, documenting potential indicators of impairment, and collecting evidence. As a result, every word you speak—and every movement you make—can influence how your case unfolds.

Minnesota’s DWI laws are exceptionally strict. The state’s “implied consent” rules, combined with preliminary and evidentiary testing procedures and broad interpretations of “physical control,” give officers extensive authority during these investigations. Even so, you still have powerful constitutional protections. When used correctly, these rights can meaningfully strengthen your defense and minimize the consequences of the stop.

At Gerald Miller, P.A., our Minnesota DWI attorneys have handled thousands of drunk driving cases, including those involving questionable stops, unreliable breath-test results, unlawful searches, and improperly administered field sobriety tests. The guide below walks through each step of a DWI stop and explains exactly how to protect your rights and your future.

 

Why Your Actions During a Minnesota DWI Stop Matter

A DWI stop is not a casual roadside interaction—it is a structured police investigation. Because of this, officers document nearly every detail, including:

• Your driving behavior before the stop
• How quickly and safely you pull over
• Your speech patterns, eye contact, and body movements
• Any odor of alcohol
• Volunteered statements (even seemingly harmless comments)
• Your performance on optional roadside tests

Although many drivers believe they can “explain themselves” or “appear cooperative,” talking usually helps the officer more than it helps you. Instead, understanding your rights—and exercising them strategically—can dramatically improve the outcome of your case.

For broader context, see our breakdown of how many DUI arrests occur each year nationwide.

Step-by-Step Guide: What to Do When Pulled Over for Drunk Driving

1. Pull Over Safely and Immediately

As soon as you notice the lights behind you, activate your turn signal and look for a safe place to stop. Smooth, deliberate movements demonstrate awareness and help minimize suspicion. Sudden braking or erratic steering may be interpreted as signs of impairment.

2. Keep Your Hands on the Steering Wheel

Keeping your hands visible reassures the officer and sets the tone for a respectful interaction. Wait for instructions before reaching for your wallet or documents. This simple step reduces tension and prevents misunderstandings.

3. Be Respectful and Polite

Your demeanor influences the officer’s perception. Although you should assert your rights, doing so calmly and politely is essential. Aggression or hostility almost always leads to a more difficult encounter and can result in additional charges.

4. Provide Only the Required Documents

Under Minnesota law, you must provide:

• Your driver’s license
• Your vehicle registration
• Your proof of insurance

However, you are not required to answer questions designed to gather incriminating information, such as:

• “Have you been drinking?”
• “Where are you coming from?”
• “How many drinks have you had?”

The safest response is:

“I don’t wish to answer any questions.”

This is a lawful and protected statement. Importantly, staying silent does not imply guilt and cannot be used against you in court.

Should You Admit to Drinking? Absolutely Not.

Never admit to drinking—under any circumstances. Officers commonly interpret even a mild admission (“I only had one”) as evidence of impairment. Additionally, this statement immediately narrows your defense options.

A surprising number of DWI arrests begin with a driver trying to appear cooperative. However, honesty about alcohol consumption rarely helps and almost always harms the case.

 

How to Handle Police Questions Without Hurting Your Case

Officers often use conversational tactics to gather incriminating statements. Although these questions may sound casual, they serve a strategic purpose: creating a narrative of impairment. Because of this, the best approach is to stay calm, respectful, and brief.

Common Questions to Expect

• “Where are you coming from tonight?”
• “Have you had anything to drink?”
• “How many drinks have you had?”
• “Why do I smell alcohol?”

Why Honest Answers Hurt You

Every response you give becomes evidence. Even statements like “I had one beer” or “I’m coming from dinner” can immediately create probable cause in the officer’s mind. In many cases, these admissions become the most damaging pieces of evidence in court.

What You Should Say Instead

You can politely respond with:

“I don’t wish to answer any questions.”

Courts cannot penalize you for asserting your rights. Additionally, remaining calm and respectful often prevents the officer from escalating the situation. This approach keeps you in control while protecting your defense from the very beginning of the stop.

Field Sobriety Tests: You Should Decline Them

In Minnesota, field sobriety tests (FSTs) are completely optional. Officers rarely volunteer this information. These tests include:

• Horizontal Gaze Nystagmus (HGN)
• Walk-and-turn
• One-leg stand

Although officers present these as “simple balance exercises,” their true purpose is to provide probable cause for arrest. Because of this, the officer interprets your performance subjectively, and many sober people fail due to anxiety, cold weather, medical conditions, or uneven surfaces.

You may politely refuse by stating:

“I do not wish to participate in field sobriety tests.”

This refusal does not carry any additional criminal penalties in Minnesota.

The Roadside Breath Test (PBT): Should You Take It?

The handheld preliminary breath test (PBT) is optional for most drivers. Officers often use it to justify an arrest—not to determine guilt. Because of this, refusing the PBT may prevent the officer from obtaining enough evidence to move forward.

You may refuse the PBT unless you:

• Are under 21
• Are driving a commercial vehicle
• Have already been lawfully arrested

Commercial drivers face particularly harsh consequences under federal regulations. For a more detailed explanation, see our full guide on CDL DUIs in Minnesota.

What Police Look for Before Deciding to Arrest You

Although each DWI stop is different, officers across Minnesota follow similar investigative patterns before deciding to make an arrest. Understanding these cues gives you a significant advantage because it helps you avoid unintentionally providing the evidence they need.

Driving Indicators

Before activating their lights, officers look for driving patterns commonly associated with impairment, such as swerving, drifting, delayed reactions, or inconsistent speed. Even so, many of these behaviors have innocent explanations—fatigue, weather, or roadway conditions.

Behavioral Indicators

After the stop, officers note your coordination, speech, responsiveness, and ability to follow instructions. They also observe how you retrieve documents, whether your hands shake, and if you appear confused or overly talkative.

Environmental Cues

Officers also document odors in the vehicle, visible alcohol containers, and your general appearance. Even so, none of these alone proves impairment. The problem is that officers often treat them as building blocks toward probable cause.

Because officers use a “totality of circumstances” approach, small details add up quickly. Knowing what they look for helps you avoid reinforcing their assumptions and protects your defense later.

 

 

What Happens If You’re Arrested?

The Officer Must Have Probable Cause

While “reasonable suspicion” allows an officer to stop your vehicle, “probable cause” is required for an arrest. Officers typically base probable cause on:

• Odor of alcohol
• Bloodshot or watery eyes
• Slurred or slow speech
• Balance or coordination issues
• Admissions
• PBT results
• Driving conduct

You Must Be Read Implied Consent Rights

Minnesota’s implied consent law governs chemical testing. Before requesting a breath, blood, or urine test, the officer must read the implied consent advisory. This advisory explains:

• Your right to consult an attorney
• Your obligation to complete the official test
• The consequences of refusal

Because the advisory includes legally binding warnings, this moment often becomes one of the most critical points in your case.

You Have the Right to an Attorney Before Chemical Testing

After you are arrested—and before the official chemical test—the law gives you the right to consult with an attorney. You should always use this right. An experienced DWI lawyer can explain the potential consequences of refusing or taking the test and help you make an informed decision.

Testing procedures frequently contain errors, inconsistencies, or calibration problems. As explained in our analysis of Datamaster DMT breath test challenges, these machines are far from infallible.

Understanding Minnesota DWI Penalties

Penalties depend heavily on your BAC level, your prior offenses, and any aggravating factors. The table below outlines the basic ranges:

For more insight into how these penalties compare to DUI classifications, review our detailed breakdown of DUI vs. DWI in Minnesota.

Biggest Mistakes People Make During a DWI Stop

1. Talking Too Much

Drivers frequently underestimate how quickly their words can be turned into evidence. Remaining silent protects you.

2. Taking Field Sobriety Tests

These tests are voluntary, yet officers rarely clarify that fact. Declining them prevents the officer from collecting biased evidence.

3. Refusing to Consult an Attorney

Speaking with a lawyer can change the entire outcome of your case. This right exists for a reason—use it.

4. Becoming Aggressive or Argumentative

Anger escalates the situation and may lead to additional charges. Respectful firmness works far better.

5. Assuming the Case Cannot Be Won

DWI cases are often defensible. Officers make mistakes, testing procedures break down, and constitutional violations occur regularly.

To understand what may occur after an arrest, see our guide on bail amounts for DUIs in Minnesota.

How a Minnesota DWI Attorney Helps Your Case

An experienced Minnesota DWI attorney evaluates every detail of your stop, arrest, and testing procedure. Effective strategies often include:

• Challenging reasonable suspicion for the stop
• Arguing lack of probable cause
• Reviewing squad video for inconsistencies
• Suppressing evidence obtained unlawfully
• Attacking Datamaster DMT reliability
• Identifying errors in field sobriety test administration

An attorney can also negotiate reduced charges, argue for limited driving privileges, or seek dismissal when evidence is insufficient.

Get Immediate Legal Help — Contact Gerald Miller, P.A.

A drunk driving stop can reshape your life in a matter of minutes. Because every decision you make during this encounter carries consequences, getting legal help right away is essential.

Call now for a free consultation: 612-440-4608

Request a confidential case evaluation

This content is for general informational purposes only and is not a substitute for professional, tailored advice. Our services are strictly focused on Criminal Defense within the Minnesota area. This article is not a guarantee of service representation.