Do you have to do the DUI field test if you get pulled over?

| May 18, 2021 | Criminal Defense |

If a law enforcement official believes you drank alcohol and then drove a vehicle, he or she may pull you over. The arresting official may conduct a series of field sobriety tests to make a valid DWI arrest.

According to the Minnesota Office of Traffic Safety, you can face DWI penalties if your blood alcohol content level is at or above 0.08%. If you feel like you are near this legal limit, you may not want to submit to the field sobriety tests during the arrest.

Minnesota’s implied consent law

The Minnesota Legislature states that by driving a vehicle in the state, you automatically consent to a field sobriety test if pulled over for DWI. The law enforcement official may administer a chemical test of your breath, blood or urine to determine if you have exceeded the legal BAC limit of 0.08%.

A law enforcement official can only administer a field sobriety test during a drunk driving arrest if there is reasonable belief your BAC has exceeded the legal limit or if you got into a car accident that resulted in injury, death or property damage.

Consequences of refusing

During a DWI arrest, the law enforcement official has to inform you of the purpose of the field sobriety test. The official will also let you know that if you refuse a test, this is a crime.

The consequences of drinking and driving are severe and can include heavy fines, loss of driving privileges and jail time. Refusing a field sobriety test can add to these penalties in the event of a conviction for DWI.