Minnesota Implied Consent & Test Refusal Lawyers
Field sobriety tests are designed to determine probable cause for arrest of a person. Tests administered by an officer can include the horizontal gaze nystagmus test, standing on one leg, walking a line, counting, or reciting the alphabet.
Our Minneapolis Criminal Defense Lawyer looks at not only the defendant’s performance on a field sobriety test (FST) but also grading the officer’s administration of the tests. In some situations, improper instructions or grading can make the test inadmissible in a court of law.
Often, officers will admit under oath under cross examination that there is no correlation between the tests and impairment to drive. There is an inherent argument for DWI defense that many DWI breath test refusal cases do not properly prove the client’s performance on a field sobriety test provides proof of intoxication.
In Minnesota, we have implied consent laws that state when you receive your driver’s license you imply your consent to submit to field sobriety testing. Refusing a field sobriety test is not an admission of guilt and should not be treated as such in court.
If you choose to refuse a field sobriety test, always cooperate with the police officer and answer questions; produce your license and registration when asked for it. It is important NOT to engage in unnecessary conversation with the officer which may help the State gather evidence against you. If you choose to refuse a field sobriety test, do so politely but with conviction. Lastly, always contact an attorney for advice on your case as soon as possible. If you are placed under arrested for a DWI, DUI or Test Refusal it is important to always contact an attorney prior to answering any of the officer’s questions.
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Kevin DeVore aggressively fights drunk-driving charges with a strong and effective defense designed for the best possible outcome for you.
If you have been stopped by the police and ordered to perform field sobriety tests, you may have been wrongly charged with a DWI or DUI. Give us a call. We can provide you the answers to the questions you have while providing the representation you need to defend your case. Contact our Minnesota DWI Lawyer today at 651-312-6519 for a free case consultation.