What should you do if you are arrested for a DWi in Minnesota. Acting swiftly may result in a more rapid license reinstatement and preparation for your DWI defense.
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Why were you stopped? Pay careful attention to the reasons that the officer provides you for stopping your vehicle and any subsequent questions he/she may ask. If reasonable suspicion for the stop or for field sobriety tests is lacking, the case may be dismissed.
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Contact a lawyer immediately. Certainly contact a lawyer before submitting to any breath, blood or urine tests to determine the presence of alcohol. Often a lawyer may be able to discern potential defense even before you are charged!
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Do not refuse to provide a sample of your breath, blood or urine for testing. The consequences of a refusal are often more severe than taking and failing a test. In 2009, the Minnesota Supreme Court ruled that, under certain conditions, defense attorney may discover source codes for breath testing devices. Since the state is unable to produce those codes, often test results can be suppressed.
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FOUR
Make a mental note of your surroundings. Reviewing the location where you were stopped may provide important details to impeach the arresting officer on a witness stand. Is the area well lit? Is the ground level and flat? Are there any witnesses present?
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Remain calm and make a mental note of the procedures that the officer is following. What statements is he recording Is there a video or audio recorder in the room? Did the officer have difficulty with a breath testing device? Did he make statements to you to coerce you to submit to testing? What field sobriety tests were offerred? Did the officer demonstrate them? Too often, under stress, driver's lose their abillity to pay attention to important details that may provide a defense.
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