Mankato & St. James DWI Lawyer
When a driver is suspected of operating a motor vehicle under the influence of alcohol or drugs, the patrol officer who sees them may feel that it is necessary to pull the driver over and perform a series of tests. The tests are designed to see if a person’s motor and cognitive skills are impaired since alcohol and drugs can suppress those skills.
The tests, known as field sobriety tests, may be performed in addition to any blood, breath, or urine tests that may be conducted on the scene, at the police station, or at a hospital. If the test results indicate that a person is under the influence of alcohol or drugs, they may be arrested. The vehicle may also be impounded while the suspect is taken to jail.
If you have been accused of DWI, then you will need the assistance of a St. James DWI attorney who has the resources and experience to fight for your rights and for the best outcome in your case.
Challenging Field Sobriety Testing
Field sobriety testing can be performed right after an individual is pulled over due to suspicion of DWI. These tests do have to be administered properly or they may be considered invalid. The performance of the driver must also be interpreted based on certain criteria. However, there are times when the standard criteria are not enough to determine whether or not a person is intoxicated. For instance, a person could be overweight and have difficulty walking a straight line or standing on one foot. This is something that can be challenged in court.
In fact, any field sobriety test can be challenged in court. Saying the ABCs backwards or bringing the index finger directly to the nose with eyes closed are not exact sciences that indicate intoxication.
Comprehensive Advice About Implied Consent
Minnesota law says that when you acquire your driver’s license, you are implying consent to submit to field sobriety tests. You are agreeing that if you were to be pulled over and asked to perform the tests, you will cooperate. Due to the fact that it is a part of having a license, that is why your license can be revoked if you refuse.
While you do have the right to refuse the tests, you will be arrested and charged with a separate offense that has separate penalties if convicted. If faced with the decision to submit to field sobriety tests, you can speak with your Mankato DWI attorney to advise you as to what to do regarding the tests. It is very likely that your attorney will advise you to submit to the tests because they can be challenged later. This will keep you from facing another criminal charge. Overall, your attorney will give you the advice that you need and also provide you with the defense that you need as you move through the legal process.
Contact A Southern Minnesota DWI Lawyer
When pulled over for suspected DWI, the officer may request that you perform field sobriety tests. You can submit to these tests or you can decline. If you decline, then you could be charged with a separate criminal offense under the implied consent law. When faced with this decision, you can notify an experienced DWI attorney who can give you the proper advice, allowing you to make an informed decision. From there, you can receive the representation you deserve. To learn about how the Rosengren Kohlmeyer Law Office, CHTD can help you, call 507-625-5000 for a free consultation.