What Happens After a DWI Stop in Southern Minnesota
Being pulled over on suspicion of impaired driving is a disorienting experience. Whether it happens on Highway 14 outside of New Ulm, on Riverfront Drive in Mankato, or at a checkpoint in Blue Earth County, the minutes and hours that follow can determine the course of your case. Understanding the process helps you make better decisions at every stage.
The Traffic Stop and Field Sobriety Tests
A DWI case begins with the traffic stop itself. Law enforcement must have reasonable articulable suspicion to pull you over. This can be based on observed driving behavior (weaving, speeding, running a stop sign) or a traffic violation as minor as a burned-out taillight. If the officer lacked legal justification for the stop, any evidence gathered afterward may be suppressed.
Once stopped, the officer will look for signs of impairment: odor of alcohol, slurred speech, bloodshot eyes, or difficulty producing documents. If they suspect impairment, they will ask you to perform Standardized Field Sobriety Tests (SFSTs). These typically include the Horizontal Gaze Nystagmus test (following a pen with your eyes), the Walk-and-Turn, and the One-Leg Stand.
Here is something most people do not realize: you are not legally required to perform field sobriety tests in Minnesota. There is no penalty for declining. These tests are designed to generate evidence against you, and even sober individuals can perform poorly due to nervousness, physical conditions, uneven road surfaces, or weather.
The Preliminary Breath Test vs. the Official Test
Officers may request a Preliminary Breath Test (PBT) at the roadside. Refusing a PBT is a misdemeanor, but the PBT result is not admissible at trial — it only helps the officer establish probable cause for arrest.
The critical test comes later. After arrest, you will be asked to submit to an official breath, blood, or urine test at the station or hospital. This is where Minnesota’s Implied Consent Law (Minn. Stat. § 169A.51) becomes important. By holding a Minnesota driver’s license, you have implicitly consented to chemical testing when an officer has probable cause to believe you are impaired. Refusing this test is a separate crime that can be charged as a gross misdemeanor or felony depending on your history.
What Happens Immediately After Arrest
Following a DWI arrest in Blue Earth County or the surrounding jurisdictions, several things happen in rapid succession:
License revocation. If you test over 0.08 or refuse testing, your license is revoked on the spot. You will receive a temporary seven-day permit and a notice of revocation. You have 60 days to challenge this revocation through an implied consent hearing — miss this deadline and you lose the right to contest it.
Vehicle forfeiture. For second or subsequent offenses, or for first offenses with aggravating factors (BAC over 0.16, child in the vehicle, prior offenses), your vehicle may be subject to forfeiture.
Booking and release. You will be booked at the Blue Earth County Jail or the relevant county facility. For most first-offense DWIs, you will be released within hours, either on your own recognizance or after posting bail.
The Criminal Case and Potential Penalties
Minnesota classifies DWI offenses by degree, from fourth-degree (misdemeanor) to first-degree (felony):
- Fourth-degree DWI — First offense with no aggravating factors. Misdemeanor. Up to 90 days in jail and $1,000 fine, though jail time is rare for first offenders.
- Third-degree DWI — One aggravating factor (prior DWI within 10 years, BAC over 0.16, or child under 16 in vehicle). Gross misdemeanor. Up to one year in jail and $3,000 fine.
- Second-degree DWI — Two or more aggravating factors. Gross misdemeanor. Up to one year and $3,000 fine, with mandatory minimums.
- First-degree DWI — Four or more qualified prior offenses within 10 years, or prior felony DWI. Felony. Up to seven years in prison and $14,000 fine.
Building a Defense
A DWI charge is not a conviction. Effective defenses exist at every stage: challenging the legality of the stop, questioning the administration and accuracy of field sobriety tests, attacking the reliability of breath testing equipment, and examining whether your constitutional rights were respected throughout the process.
In southern Minnesota, where many stops occur on rural highways with limited lighting and uneven shoulders, the conditions under which field sobriety tests are administered often fall short of the standardized protocols that officers are trained to follow.
Contact a DWI Defense Attorney
If you have been charged with DWI in Mankato, North Mankato, St. Peter, New Ulm, or anywhere in southern Minnesota, time is critical. You have only 60 days to challenge your license revocation. Call Farrish Johnson Law Office at (507) 625-2525 to speak with an experienced DWI defense attorney who will protect your rights and fight for the best possible outcome.