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There are few things more stressful than seeing blue flashing lights behind you while on your way home from a night out. The police have a variety of tools available when investigating the possibility that you are driving while impaired.
The details of your DUI stop in Minneapolis could serve as an important part of your defense strategy. You have the right to challenge the arrest and any evidence obtained after it with the help of a skilled drunk driving attorney.
The police do not have an unlimited right to pull drivers over or search their vehicles. They must have reasonable suspicion that a crime has occurred in order to make a DUI stop in Minneapolis. It is helpful to remember that the police do not have to initially have evidence of or even suspect that a motorist is impaired before they pull them over. Often, these stops begin with a moving violation like speeding or crossing over the center lane.
The police need a valid reason to pull over a driver, but they also have the right to expand their investigation once they make contact with the motorist. For example, an officer who detects alcohol on a driver’s breath is allowed to question them about whether or not they were drinking recently. The same is true if an open container of alcohol is visible within the car or truck.
Once the police have grounds to expand their investigation, they are allowed to pursue it until they have enough information to justify arrest or release.
When the police believe a driver is under the influence of alcohol or drugs, they use an array of tools and strategies to secure evidence of guilt. This usually starts with questioning the driver in the hopes that they will admit to consuming alcohol. They will also look for physical signs of intoxication, like bloodshot eyes or slurred speech.
If the officer believes the driver is impaired, they may ask them to submit to field sobriety testing. This includes a number of exercises like the walk-and-turn or the one-leg stand. Since there are no penalties for refusing to submit to a field sobriety test, it is a good idea to reject them, as they are often unreliable and subjective.
The most essential tool in the police arsenal is a chemical test. After they make an arrest, officers can require a breath, blood, or urine test to determine a driver’s blood alcohol concentration. Unlike field sobriety tests, refusing to submit a chemical test brings additional penalties.
The good news is that there are tools for challenging the evidence found in a Minneapolis DUI stop. If the police illegally pull over a vehicle or conduct a search, an attorney could file a motion with the court to exclude any evidence found from trial. This is possible because of a legal standard known as the “fruit of the poisonous tree.” It prevents the state from convicting someone of a crime using illegally obtained evidence.
If you were pulled over and charged with drunk driving, understanding your legal rights is important. You have the opportunity to challenge the legality of DUI stops in Minneapolis. Contact our firm today to learn more.