DWI/DUI Attorney in Eagan, Minnesota

Do I have to take a test?

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In Minnesota, there are three different test methods that are recognized by the legislature and ultimately by the courts. We allow testing by blood, breath, or urine. Obviously, the breath test is used exclusively in the driving under the influence of alcohol arena because breath testing has no way of revealing drugs or hazardous substances. So if it’s a case involving suspicion of drugs or hazardous substances, they will require either a urine or a blood alcohol concentration test. The decision of which of those three testing methods is going to be used in the first instance belongs to the police officer. The police officer gets to choose what testing method is going to be used for the state’s test. Now, the driver always has the right to get an independent test and should always exercise that right. But the officer gets to choose in the first instance.

Minnesota criminal defense attorney Jeffrey Sheridan explains when a driver suspected of driving drunk must take a field test or breath, urine, or blood test.

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