What Is Reasonable Suspicion for DWI in Minnesota?

Reasonable suspicion that a driver is intoxicated may be established when an officer witnesses behavior that leads him or her to believe that a motorist was driving under the influence of drugs or alcohol. According to Minnesota laws, police officers must have reasonable suspicion that a driver has broken the law to pull a driver over and search the driver’s vehicle or personal property.

Are Minnesota Sobriety Checkpoints Legal?

Sobriety checkpoints are illegal in Minnesota. They were ruled unconstitutional by the Minnesota State Supreme Court in 1994. Minnesota drivers can be still be stopped for suspicion of DWI, but only with reasonable cause. When a driver is stopped, he/she may be asked to submit to a field sobriety breathalyzer test or provide a blood sample. Under Minnesota’s implied consent law, refusal to submit to chemical testing can result in the revocation of a person’s driver’s license.

When a driver is stopped at a sobriety checkpoint, the blocked roadway requires every car on the road to stop. A DWI attorney often sees multiple drivers who are detained without any probable cause of wrongdoing. They are simply on the blocked roadway where the checkpoint is set up. If police delay drivers for an inordinate amount of time or search vehicles without reasonable suspicion of impairment, it’s likely the court would rule that the stop was not legal. The legality of searches and seizures at sobriety checkpoints depend on individual circumstances.

Supporters of sobriety checkpoints and states that enforce them argue that they discourage drunk driving offenses. Studies show that sobriety checkpoints reduce alcohol-related crashes by about 10 percent. Opponents of sobriety checkpoints cite Fourth Amendment rights that protect people from unconstitutional searches and seizures.

The Fourth Amendment to the U.S. Constitution allows searches and seizures only if they are considered “reasonable.” When police officers pull a driver over for suspicion of drunk driving, there must be a valid reason before a search and seizure can occur. Common reasons drivers are pulled over include:

  • Driving in the wrong lane
  • Making an illegal turn
  • Swerving or weaving between lanes
  • Sudden or frequent braking
  • Tailgating another vehicle
  • Driving at night without headlights

If a driver is charged with DWI, the legality of the initial traffic stop may come into question. The legality of the stop can mean the difference between steep fines and jail time and having the charges reduced or dropped completely.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

How a DWI Affects CDL Holders in Minnesota

Commercial motor vehicle drivers arrested or charged with driving while impaired (DWI) may need to know how a DWI affects CDL holders in Minnesota. You will lose your Commercial Driver’s License (CDL) for at least a year if you are convicted of DWI for the first time, and forever after a second conviction. The consequences go beyond the immediate legal implications of a DWI conviction. A CDL suspension or revocation will lead to job loss, difficulty finding employment, and serious financial challenges.

How a DWI Affects Rideshare Drivers in Minnesota

Knowing how a DWI affects rideshare drivers in Minnesota allows you to take the right steps to protect your license and livelihood. A DWI conviction will lead to suspension or cancellation of your driver’s license. Once you lose your license, you will be ineligible for a work permit required to work for rideshare companies as a driver. You may also face jail time, fines, or ignition interlock device (IID) installation, depending on the seriousness and number of related offenses on your record.

Can Police Search Your Phone Without a Warrant in Minnesota?

People under criminal investigation or whose phones have been seized by law enforcement officers may ask, “Can police search your phone without a warrant in Minnesota?” It’s illegal for police to search your phone without a warrant. However, there are exceptions to the warrant requirement. These exceptions include when you consent to the search, someone’s life is in danger, or there is an immediate risk of evidence destruction.