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A police error can support a challenge in a Minnesota DWI case, but it does not automatically require dismissal. An attorney must identify the legal violation, the affected evidence and the remedy available. Excluding one item of evidence is different from ending the entire prosecution.
A Minneapolis DWI lawyer can review the stop, arrest and testing records with you. Even a first DWI charge deserves careful review of the evidence and possible consequences. No lawyer can promise that a mistake will get your case dismissed.
Questions to ask about the stop and arrest
Ask counsel to compare the officer’s stated reason for the stop with available video, dispatch information and witness accounts. The justification for starting a traffic stop and the justification for expanding the investigation are separate issues. A report’s conclusion should be checked against the facts recorded at the time.
The review should also address the facts supporting probable cause for arrest, including the officer’s observations and available testing evidence. The burden of proof at trial is different from the standard for an arrest. An inconsistency in a police report needs evaluation; it is not, by itself, a dismissal order.
Review field-test conditions and recordings
Give your attorney information about injuries, medical conditions, footwear, road surface, lighting and the instructions you received. Compare the officer’s description with body-camera or squad video when available. Ask whether an issue affects the reliability, admissibility or weight of the evidence instead of assuming every imperfect test is unusable.
Chemical testing is not required merely because you were stopped
Section 169A.51 sets conditions for chemical testing, including probable cause and specified additional circumstances. Its breath-test advisory includes a limited right to consult an attorney without unreasonably delaying the test. Blood and urine testing require a warrant or a judicially recognized exception, with additional statutory requirements.
Ask counsel to review the advisory, timing, attorney-contact opportunity, warrant or exception, instrument records and sample handling. Blood and urine cases also involve section 171.177. The applicable procedure depends on the test and circumstances. A claimed defect must be evaluated under the governing law; this is not advice to refuse testing.
The state need not always prove a moving vehicle
Section 169A.20 covers driving, operating or physical control. It also provides separate grounds involving impairment and alcohol concentration. The ordinary 0.08 threshold includes measurements within two hours; a commercial motor vehicle has a 0.04 threshold. A lower result does not rule out an impairment-based charge.
Tell counsel where you were, who else was present, where the keys were and what witnesses or recordings show. A parked vehicle or an officer who did not personally see driving does not automatically end the case.
Check filing deadlines without assuming the case has expired
The general three-year filing rule in section 628.26 applies to DWI offenses not covered by a different provision. A felony classification alone does not create a four-year DWI deadline. The statute excludes certain periods from the calculation, including specified time outside Minnesota and participation in a written pretrial diversion agreement.
Have counsel review the offense date, filing history, exact charges and any excluded time. A filing limitation is different from a speedy-trial issue or a deadline to challenge a license action. Do not wait for the criminal case to end before asking about licensing notices.
What to bring to a DWI review
- Your citation or complaint, hearing notices and release paperwork.
- Every license revocation or disqualification notice and its service date.
- Test paperwork, any warrant copy and your timeline of the encounter.
- Relevant medical information and the location of recordings, messages or witnesses. Preserve originals.
Discuss possible charge reductions separately from dismissal. The available options depend on the evidence and law, not a checklist of supposed automatic defenses.
Discuss your Minnesota DWI case
Contact Martine Law or call (612) 979-1305 for a free consultation. A Director of Client Engagement (non-attorney) can assist with intake and scheduling but does not give legal advice. An attorney evaluates your legal issues and next steps.
This page states Minnesota law and is for general information, not legal advice.
For an overview of the law and how we help, see our Minnesota DWI defense page.
