A preliminary DWI test might include a breath test administered on the roadside to determine if there is alcohol on your breath. Such testing might also include one or more field sobriety tests. During such tests, an officer analyzes your ability to follow simple instructions and perform a series of tasks. Preliminary DWI screening tests are different from chemical tests administered after an arrest has taken place.
Although a Minnesota police officer has pulled you over, he or she is not necessarily arresting you or charging you with a crime. Implied consent rules are applicable after an arrest, not before. This means you can refuse a preliminary alcohol screening test without penalty.
A police officer cannot arrest you for refusing nor can you lose your driving privileges. What police can and often will do is mention the fact that you refused preliminary screening. This might influence the decision if you wind up facing drunk driving charges in court.
With a Breathalyzer test, investigators can determine the actual amount of alcohol in your bloodstream at a specific time. The device used during traffic stops or sobriety checkpoints, on the other hand, simply detects the presence of alcohol on your breath. This makes such devices unreliable because there are numerous things that can trigger a false positive.
If you register positive for alcohol on a preliminary breath test device, the officer who administered the test then has probable cause to arrest you for suspected DWI. Based on the information provided in the previous section, it is possible to face DWI charges even if you were sober when you took a roadside breath test.
Keep these things in mind when deciding whether to comply with requests to take breath tests:
If you face DWI charges in this or any other state, you can defend your rights in court. In many cases, it is possible to achieve a positive outcome, especially if you seek experienced guidance before heading to court.
]]>Many people think a roadside breath test and a chemical Breathalyzer test are the same. They are not. On the roadside, during a traffic stop, a patrol officer might ask you to take a breath test. This constitutes a “preliminary alcohol screening.” The device can detect alcohol on your breath but not your BAC. In fact, there are products that can cause your breath to register a false positive for alcohol. The most important thing to remember about a roadside breath test is that you’re not obligated to take one.
Many often refer to a chemical breath test as a “Breathalyzer,” which is the brand name of a specific testing device. If you have a license to operate a motor vehicle in this state, then you agreed to implied consent laws when you signed your license. These laws state that you must comply to a request to take a chemical blood, breath or urine test if you’ve been under arrest for suspected DUI.
If you refuse, the state can (and will) suspend your driver’s license. This doesn’t mean that you can’t refuse to take a Breathalyzer test, only that if you do refuse, there are administrative penalties involved. Remember that a chemical test can determine your BAC. If it registers .08 or higher, the law prohibits you from driving. A BAC of .08 or higher while driving a car constitutes a DUI.
If you’re facing DWI charges in Minnesota after failing a breath test, you’ll want to possess full knowledge of the rules regarding the administration of such tests. For example, only someone certified to administer a Breathalyzer can do so. There are also rules about the timing of such tests, as well as how often the devices need calibration. You would be able to challenge the evidence or request a case dismissal if you possessed evidence to show that there were violations in the process of administering a breath test.
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