Law & Legal & Attorney Criminal Law & procedure

5 Steps to Improve Your Chances of Beating a DWI

DWI's are one of the most common criminal charges in Minnesota. Over 30,000 DWI are issued on Minnesota roads each year. That being the case, it's likely that either you or a loved one will have to deal with the process of defending a DWI charge at some point in your life.

Most people charged with a DWI aren't bad people. Everybody makes mistakes, and driving while impaired is a mistake that often can have significant consequences if you're caught while doing it. So the question you may have is, if you're ever in a situation where you're pulled over after have had a few drinks, what can you do to alleviate the situation? Here are five tips that could help your cause if you've been pulled over after having had a few drinks:

1. Be Polite

A lot of people feel the need to give police a hard time when they've been pulled over. Being slightly inebriated won't hinder this instinct, but might enhance it. By being cooperative (but not too cooperative...we'll get to that), you increase the chances the officer will let you go on your way. Now, whether he releases you to go home without much investigating whether you've been drinking or not has a lot to do with why he pulled you over in the first place, but by being a sullen jerk, you almost assure yourself of further inquiry as to whether you've been drinking or not.

2. Don't Say Too Much

Police officers are good at asking questions in a manner that gets them the answer they're looking for. If an officer asks you if you've been drinking, it's important to remember that you don't have to answer his question. Most people give the proverbial "two beers" answer or something along those lines. It's a psychological thing for most people. They don't want to outright lie to police and say they haven't been drinking if they have, but they also don't want to admit to how much they've drank. Two drinks seems like amount that seems plausible, but relatively harmless to most people. In reality, admitting to drinking any amount certainly gives the officer enough ammo to ask you to step out and perform a field sobriety test. Again, if you were weaving all over the road or something to that effect, the officer already had that ammo, but there's no sense in giving him more. If you're asked if you've been drinking or how much you've been drinking, simply say "I'd prefer not to answer that question right now" and move on. This answer almost certainly won't save you from an arrest, but it will make the prosecutions case against you harder to make. Again, be polite with your statement. Don't refuse to answer questions. Just state that you'd rather not answer at this point. The officer won't be harder on you just because you're exercising your rights.

3. Don't Submit to FST's

Field sobriety tests (or FST) are a completely voluntary element to a DWI arrest. If you haven't been drinking, then by all means go ahead and take the tests. If you have, politely refuse the tests. There are three official FST's, not including the preliminary breath test (PBT), which, in Minnesota, which you are also not obligated to participate in. Those tests are the one legged stand, walk and turn, and horizontal gaze test. If an officer asks you to recite the alphabet backwards, close your eyes and touch your nose, or count backwards from 100 by 5's, they are using non-sanctioned techniques to get you to incriminate yourself. Even the state-recognized FST's are not required. If an officer asks you to complete them, politely decline. There are many reasons for this: 1) Even if you're not intoxicated, you could easily fail one or more of these tests due to extrinsic conditions. If it's windy or there are cars buzzing by you, you could easily fail a walk and turn even if you are stone cold sober. In the end, it's best to avoid these tests all together. Refusing them will almost certainly lead to your arrest for DWI, but taking them would likely result in the same end. If you don't take them, you can't fail them, and by not failing test you deprive the prosecution that piece of evidence.

4. Take the Tests at the Station

Many people misconstrue the advice not to submit to the Breathalizer test and refuse to blow into the machine at the police station. This is a bad idea. If you are arrested and brought in under suspicion of DWI, you are essentially required to submit to a breath/blood/urine test once at the station. You can, in fact, refuse them, but in Minnesota, refusing an official breath test is an automatic gross misdemeanor charge which will result in at least a 12 month license suspension. A DWI conviction will result in just a 90 day suspension as long as their are no aggravating factors (multiple DWI's in a 10 year period, exceptionally high BAC, presence of a minor in the vehicle, etc...). Clearly, it's in your best interests to submit to the chemical testing.

5. Contact a Minnesota DWI Attorney

There are certain elements of a DWI [http://bdhlawoffice.com/areas-of-practice/dwidui] charge for which time is of the essence. Hiring an attorney as soon as possible will give you the best possible chance at avoiding the worst punishments, such as jail time, significant fines, or a long license suspension.

If you or a love one have recently been charged with a DWI, DUI, or BWI (boating while intoxicate), contact a Minnesota criminal defense attorney who works with DWI cases immediately.

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