Getting pulled over on suspicion of drunk driving is frightening—but being arrested and thrown in jail is an entirely different level of fear. A serious criminal conviction, like a DUI, can disrupt your life, and even first-time offenders face severe penalties, including jail time, a suspended driver’s license, and significant fines.
Given these harsh consequences, you may wonder if there’s a way to make your DWI charge go away. When reviewing your case, a criminal defense attorney will thoroughly examine the details of your arrest, assess the charges, and gather evidence, including the police officer’s conduct, to explore options for dismissal.
It’s important to remember that police officers are not above the law—they can and do make mistakes. These errors could be the key to having your DWI charge dismissed, especially with reliable legal support on your side. At Martine Law, our team of DWI attorneys understands how to identify these issues and fight for your rights.
Common Police Errors That Could Lead to a DWI Dismissal in Minnesota
Here are some of the most frequent mistakes made by police officers during a DWI arrest:
1. Lack of Reasonable Suspicion
Before initiating a traffic stop, an officer must have reasonable suspicion based on objective facts to pull you over. In criminal cases, this means they must have a justifiable reason to believe you are engaged in illegal activity.
In Minnesota, Minn. Stat. § 169.20 governs traffic laws, including actions like failing to signal, reckless driving, and other violations that could establish reasonable suspicion.
Acceptable reasons for a DWI stop include:
- Observing a traffic violation (e.g., failing to signal, speeding, swerving, reckless driving, etc.)
- Witnessing a public offense
- Suspecting involvement in a crime
If the officer cannot provide proof of reasonable suspicion, the evidence obtained during the stop may be inadmissible under Minn. Stat. § 626.21, which addresses unlawful searches and seizures.
2. Lack of Probable Cause for DWI Arrest
To arrest someone for a DWI, an officer must establish probable cause. This means they must be able to demonstrate objective reasons for what led them to believe you committed a crime. Although the burden of proof for an arrest is lower than for a conviction, officers must still present legitimate evidence, such as observations of impairment or test results.
Minn. Stat. § 169A.20 outlines what constitutes impaired driving offenses in Minnesota. If probable cause is not established, the arrest may be invalid, and the charges may be dismissed.
3. Faulty Field Sobriety Testing
When you’re pulled over for a DWI, the officer might ask you to perform one of three standardized field sobriety tests, such as:
- Walk-and-Turn Test
- One-Leg Stand Test
- Horizontal Gaze Nystagmus Test
These tests are designed to evaluate your coordination and balance, which may be affected by alcohol. However, these tests are often unreliable and can be influenced by factors like:
- Medical conditions
- Nervousness
- Uneven surfaces
Additionally, officers must be properly trained to administer these tests. If they are not, or if the tests are conducted improperly, the results may be challenged in court.
3. Inaccurate Breath or Chemical Testing
In Minnesota, implied consent laws under Minn. Stat. § 169A.51 require drivers to submit to blood alcohol concentration (BAC) testing if pulled over for a DWI. The arresting officer may test your BAC using a breath test or chemical tests like a urine or blood test. If your test shows a blood alcohol content level above the legal limit (0.08%), you will be charged with a DWI.
However, errors can occur, such as:
- Breathalyzers not being properly calibrated
- Mishandling of chemical test samples
- Testing performed by uncertified personnel
These mistakes can violate procedural requirements under Minn. Stat. § 634.15, which governs the admissibility of BAC testing in court, potentially resulting in the exclusion of evidence.
4. Lack of Proof That You Were Driving
In some cases, there may be instances where the arresting officer can not prove that you were driving the vehicle.
However, Minnesota follows actual physical control laws under Minn. Stat. § 169A.35, which allow for convictions if it can be shown that you were intoxicated and in control of a vehicle, even if it wasn’t moving. This means you could still face consequences depending on the circumstances of your case.
Statute of Limitations for DWI Charges in Minnesota
In Minnesota, the statute of limitations for most DWI charges is three years under Minn. Stat. § 628.26, which outlines the timeframes for filing criminal charges.
For gross misdemeanor DWI charges, the timeframe remains the same. However, felony-level DWI charges may have a longer statute of limitations, often up to four years.
This means that the state must bring charges against you within the specified period, or the case may be dismissed. Our DWI lawyers at the Martine Law can evaluate the timing of your case, identify procedural errors, and fight to dismiss charges.
Contact Our DWI Lawyers at Martine Law Today
Being arrested for a DWI doesn’t strip you of your constitutional rights. Law enforcement agencies can and do make mistakes, and these errors may provide opportunities to challenge your DWI charge.
Our attorneys at Martine Law have seen firsthand the impact a DWI charge can have on your life. We have helped individuals across Minnesota fight DWI charges, protect their driving privileges, and avoid the long-term consequences of a conviction. Our attorneys provide dedicated legal representation to help you build a strong defense.
Contact us today at (612) 979–1305 for a free consultation. Together, we’ll explore your options and work toward the best possible outcome for your case.
