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Do I have a right to consult with an attorney before taking field sobriety tests?

Unfortunately there is no right to speak with an attorney before deciding whether to take roadside field sobriety tests. Under Minnesota law, you are under no obligation to take these tests. Simply politely decline to perform the roadside tests. The purpose of these tests is to support the officer’s decision to arrest you. You should not assist the officer in building a case against you.

You DO, however, have a right to speak with an attorney prior to taking the Implied Consent test at the police station or hospital. You must make a clear request to speak with an attorney. Police are required to provide you with a phone, but are not required to give you a private space or room to call an attorney. Additionally, you do have a right to call a non-attorney friend or relative for the purpose of obtaining an attorney’s phone number. Lastly, because alcohol metabolizes and dissipates in the body over time, the right to speak with an attorney is limited to a “reasonable” time.

David Balmer

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David Balmer established the Balmer Law Office with one overriding goal: provide aggressive, high-caliber criminal and DWI defense for good people facing serious charges throughout the state of Minnesota. Read More

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