Local law firm serving the West Metro and St. Cloud
  1. Home
  2.  » 
  3. DWI
  4.  » DWI stop: Do you know your rights?

DWI stop: Do you know your rights?

On Behalf of | Sep 18, 2020 | DWI |

Minnesota drivers are obligated to adhere to traffic laws. If a police officer pulls someone over, he or she may or may not have an inkling as to the reason for the traffic stop. It’s understandable that a driver would want to be respectful, polite and cooperative when speaking with a police officer in these circumstances. If the officer asks the driver to exit the vehicle, it might mean that the driver is suspected of DWI.

Every driver should know and understand his or her rights as protected by the U.S. Constitution in such circumstances. A police officer is not supposed to randomly pull people over without reasonable cause. If an officer witnesses a vehicle straddling the yellow line or nearly clipping parked cars or curbsides along the road, it would be a legitimate reason to make a traffic stop.

Once a policer officer makes a traffic stop and asks a driver to step out of a vehicle, he or she may request that the driver take a field sobriety test. No driver is obligated to comply with such a request. He or she will not incur any administrative or legal penalties for refusing. However, a refusal to submit to a secondary breath or chemical test in Minnesota does come with potential consequences and is, in fact, considered a crime.

While a Minnesota police officer should have reasonable cause to make a traffic stop, he or she must establish further probable cause to make a DWI arrest. A driver may request legal representation at any time. An experienced criminal defense attorney can help a person defend his or her rights and obtain as positive an outcome as possible, especially if the case in question goes to trial.