The best way to avoid a DWI in Minnesota is to never drink alcohol. Of course, this won’t guarantee that you are never stopped by the police and charged with a DWI. Other factors could create the impression with a law enforcement officer that you are intoxicated or impaired, including fatigue or the use of over-the-counter or prescription medication, or other drugs.
But most adults in Minnesota do consume alcohol from time to time, and if you operate a motor vehicle after that consumption, you are at risk for being pulled over and charged with a DWI.
How the police determine if they should arrest you in such a situation is based on numerous factors. Absent a blood test to measure the amount of alcohol in your blood, many of those factors are subjective.
Law enforcement officers are trained on how to recognize the signs that you are legally impaired, but because of the great variance in how alcohol affects individuals, the accuracy of their determination may also vary.
Field sobriety tests, which are used during roadside stops, often involve three tests. The most difficult to fake is an eye test, where the officer observes how well you can follow a finger or pen with your eye. Other tests include a walk-and-turn test, which you have to walk heel to toe and a one-legged stand.
No matter how well trained or experienced, law enforcement personnel can make mistakes during these tests and given their subjective nature, are always subject to question. If you have been charged with a DWI in Minnesota, your attorney should closely examine every aspect of these tests.
Source: Sctimes.com, “Lesson from DUI training: You’re drunker than you think,” Dave DeLand, August 4, 2015
