Congdon Law. PLLC.

Is An Individual Subjected To Field Sobriety Tests in A DUI Related Accident?


In a DUI accident, it is likely that the officers will try to get a portable breath test at the scene. Depending on whether the driver was injured in the accident, they may still attempt the field sobriety tests. More often than not, they don’t need those items in order to arrest a person for suspicion of a DUI when there has been an accident; the accident itself is considered probable cause and enough for an officer to obtain a search warrant for a blood or urine sample.

Does The Driver Even Have The Option Of Refusal Of A Breathalyzer Or A Blood Test In A DUI Related Accident?

Refusal of a preliminary breath test is always an option. However, if law enforcement obtains a warrant for a blood or urine sample, refusal to cooperate will be treated as an additional crime and can have additional consequences. Refusal of a breath test will also result in additional charges and consequences.

Are Blood Tests Automatically Given If A Driver Is Unable To Perform A Breath Test Or Is Unconscious After An Accident?

Blood tests are not automatic. In Minnesota, law enforcement needs to have a warrant before they can obtain a blood or a urine sample. They cannot take one without your consent unless they have a warrant.

What Charges May a Driver Face If Someone Is Killed Or If Someone Has Bodily Injury Caused By An Accident As A Result Of Someone Driving Under The Influence?

If there is an injury involved, it’s Criminal Vehicular Operation that a driver may face. If there is a death involved, then it’s Criminal Vehicular Homicide.

Can Aggravated Or Enhanced DUI Charges Ever Be Reduced To Less Serious Offenses?

It is certainly possible for charges to be reduced. If law enforcement fails to conduct an investigation properly or if someone’s rights were violated, it is possible to fight the case. There is also the potential to have the charges reduced through the general plea bargain process. Sometimes, the factual situation warrants the prosecutor agreeing to a lesser conviction than what they originally charged.

How Do You Advise Clients Who Think Their Case Is Hopeless With Such Serious Charges?

It’s important to have legal counsel to evaluate your entire situation to make sure that everything was collected properly, that your constitutional rights were honored and protected, and everything was done according to the law. Just because you were pulled over for a DUI and it seems like the prosecutor has a lot of evidence doesn’t necessarily mean that all hope is lost. Sometimes, we can negotiate for lesser charges or for lesser probation or lesser fines, all of which can have an impact on your life. Consult with an attorney about the options for your case to make sure that you are protecting the best outcome for your future.

For more information on FSTs in A DUI Related Accident In Minnesota, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (651) 314-9620 today.

Jennifer Congdon, Esq.

Call For A Free Consultation (651) 314-9620

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