Drunk Driving Tests

When a patrol officer feels that an individual is driving while intoxicated with drugs or alcohol, he or she may pull the driver over and perform a variety of field sobriety tests. The results of the field sobriety tests are sometimes up to the interpretation off the officer. Fortunately, technology has made evaluating the arrest easier due to the implementation of video cameras.

Police cruisers are being outfitted with video cameras that show what is happening during traffic stops. This means that DWI arrests are caught on tape and that your Minneapolis DWI attorney can evaluate the footage to see what occurred during the arrest. If any arrest violations are spotted, then that works to your advantage.

Field Sobriety Tests

 

When pulled over for DWI, three sobriety tests need to be performed. However, the tests are only valid when administered in the proper manner, the correct “clues” are implemented when assessing the performance of the driver, and the driver’s performance is interpreted based upon standardized criteria.

One very interesting fact is that field sobriety tests do not always work well with individuals at least 50 pounds overweight, but this fact tends to be ignored by the court. These field sobriety tests can include standing on one foot and walking in a straight line. Other tests, however, that may be effective when testing anyone regardless of weight include saying the ABCs backwards and extending one arm to then close the eyes and bring the index finger directly into contact with the nose without missing.

Another type of testing is the blood and urine test, which is typically performed after being taken to the police station. The testing usually occurs within a couple of hours of the DWI arrest.

Breath Tests

The last type of testing, which is also the most controversial and the type that is challenged quite often by a Minneapolis DWI lawyer is breath testing. This type of testing involves blowing a device so that the amount of alcohol on a person’s breath can be measured. The machine converts the amount of alcohol on someone’s breath into a number that reflects blood alcohol concentration.

The problem, however, is that machines, such as the Intoxilyzer 5000 EN, have not been entirely accurate. As of now, Intoxilyzer arrests are hanging in the balance due to possible inaccuracies with the machine. The problem seems to lie in the source code and this has led to litigation between Minnesota and the device’s manufacturer. This is a fact that can be used in court when disputing the DWI charges.

Defense Strategy

 

It may seem as if it is difficult to defend against the assessment of the arresting office, but through a DWI lawyer Minneapolis residents charged with the crime are finding that their charges can be reduced or completely dismissed if there is evidence that the crime never happened. There are also times when the arresting office fails to follow procedure. For instance:

  • Was there a valid reason for the officer to pull you over?
  • Were you really stumbling or slurring your speech?
  • Were three sobriety tests performed? If not, there is most likely no basis behind the arrest.
  • Did the officer inform you that you have the right to call your attorney before saying anything? You are not obligated to say a word to the officer.

Contact A DWI Attorney Minneapolis

 

When you have been pulled over to the roadside by an office that suspects you of DWI, do not admit any guilt. There are certain procedures that must be followed and you just may find that the results of field sobriety tests are not accurate. All aspects of the arrest are evaluated in your case to ensure you are treated fairly. To protect your rights, call us immediately at 612-223-7409 to schedule your free consultation.