Minnesota DWI Evidence

If you are arrested for a DWI in Minnesota, the police will request you to submit to chemical tests of your blood, breath, or urine for purposes of determining your blood alcohol content (BAC).  Prior to requesting you to submit to a chemical test, the police must advise you of your right to contact an attorney and read to you what is called your "implied consent rights." The implied consent rights inform you of your right to refuse a chemical test and the consequences that will result from a refusal. For more information on the penalties for refusing a chemical test, consult the Minnesota Driving tab. Which chemical test the officer will request depends on the circumstances of your case.

The following is a summary of evidence issues in Minnesota DWI cases.

Minnesota DWI Breath Testing

There are two types of breath testing that may occur in a Minnesota DWI case.  The first is called a portable/preliminary breath test (PBT). PBTs are handheld breath testing devices that are only used on scene prior to a DWI suspect's arrest. The PBT is not as reliable as the evidentiary breath test that is taken at the station, and its results are not generally admissible in court. Instead, the PBT is used to help the officer determine whether or not he has enough probable cause for your arrest. DWI suspects may refuse to take the PBT test, but a refusal carries a punishment of a $100 fine, and two points on your driving record if under the age of 21.

The second type of breath test that is used in Minnesota DWI cases is called the evidentiary breath test. The evidentiary breath test is conduct post-arrest down at the police station. Minnesota uses a breath machine called the DataMaster. A subject must blow into a tube that is attached to the machine. The machine measures the amount of alcohol present on the breath and prints out the results. Breath testing is the most common form of chemical test used in Minnesota DWI cases, but it is also the most unreliable method of measuring BAC. Refusal to submit to a breath test is a misdemeanor. Consult the Minnesota Driving tab for more information on the consequences of a breath test refusal.

Minnesota DWI Blood Testing

Blood testing is not commonly requested in DWI cases in Minnesota. Only specific, qualified persons may administer a blood test at the direction of the police. If a DWI suspect is taken to a medical facility to obtain medical treatment, any blood samples that are drawn may be tested for BAC. This is true regardless of whether the suspect has consented to a blood test, or whether or not the suspect was even aware that blood was being drawn. The police may also compel a blood draw in certain circumstances. DWI suspects who refuse to submit to a breath test may be forced to do so if the police obtain a warrant. Failure to comply with a compelled blood test could result in felony obstruction charges. The police may use reasonable force to obtain a blood sample if they have a warrant to draw your blood.

URINE TESTING

Urine testing is not as common in Minnesota DWI cases. Typically, urine will be requested if a blood or breath test is impracticable or impossible, such as when the police suspect impairment due to drugs and cannot draw blood (ie, if the suspect is a hemophiliac). Urine is not the most reliable method for drug testing because it cannot accurately detect the presence of specific drug and metabolite levels.

RIGHT TO AN ADDITIONAL TEST

DWI suspects who submit to a chemical test have the right to an additional test of their blood, breath, or urine to be administered at their own expense by a qualified person of their choosing. The additional test must be conducted within a reasonable time after arrest, and its results are admissible in court.