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KEYSER LAW BLOG


Can You Get A DWI Dismissed For Faulty Field Sobriety Tests In Minnesota?
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Category: DWI/DUI

Can You Get A DWI Dismissed For Faulty Field Sobriety Tests In Minnesota?

In Minnesota, a DWI case often begins as a routine traffic stop and escalates quickly once field sobriety tests enter the picture. Officers may treat those exercises as evidence of impairment, even though they rely heavily on judgment and may be affected by roadside conditions, cold weather, uneven ground, footwear, fatigue, or nervousness.

 

Keyser Law P.A. defends clients in Minneapolis and statewide who are dealing with DWI charges and driver’s license consequences. A Minneapolis DWI attorney can focus on whether the officer’s stop, the way the tests were administered, and the decision to arrest can actually withstand a close legal review.

 

Why Field Sobriety Tests Often Fail To Prove Impairment

 

Standardized field sobriety tests are meant to follow a standardized script. Real stops rarely match that ideal. Snow, ice, uneven shoulders, low light, and cold affect balance. Footwear matters. Anxiety matters. Medical issues like vertigo, knee problems, back pain, and prior injuries matter. Even a sober person can look unsteady when they are cold, nervous, and trying to follow rapid instructions.

 

The standards behind these tests are tied to NHTSA’s SFST training materials. When an officer changes instructions, skips demonstrations, rushes timing, or scores cues loosely, the “failure” can reflect conditions and procedure more than impairment.

 

In some cases, the report makes the tests sound scientific when they are really a set of observations that can be influenced by the environment and the officer’s expectations. Small deviations, such as unclear demonstrations or inconsistent timing, can subtly alter how the test appears on paper.

 

How Faulty Tests Can Undercut Probable Cause For Arrest

 

In many DWI cases, field tests are the main justification for moving from a stop to an arrest. If the tests were unreliable, the probable cause analysis may be weakened. That matters because a weak foundation can support suppression arguments, thereby altering the leverage in the case. Minnesota’s DWI law is found in Minn. Stat. § 169A.20, but constitutional protections still apply to the stop and the scope of the investigation.

 

In a DUI/DWI defense case, the stop, roadside tests, and chemical test usually rise or fall together. A Minneapolis DWI lawyer will often focus on whether the officer had a lawful basis to expand a routine traffic stop into an impairment investigation. This is also where the report and the video can diverge, especially if the officer’s written narrative sounds more certain than what actually happened on camera. If the arrest relied heavily on a questionable test performance, that weakness can carry through the rest of the case.

 

Other Evidence Police Use And Where It Gets Challenged

 

Minnesota DWI Defense Lawyer

Police typically rely on more than field sobriety tests. A Minneapolis DWI attorney will usually test whether these details are reliable evidence or assumptions written into the report:

 

  • Driving pattern (what the video shows vs. how it was described)
  • Physical appearance (eyes, speech, coordination, and what else could explain it)
  • Statements (how questions were asked and what you actually said)
  • Breath testing (procedure, timing, calibration, operator steps)
  • Blood/urine testing (collection, handling, lab interpretation, chain of custody)
  • Search-based add-ons (whether a vehicle search created extra allegations)

 

 

When field sobriety tests are shaky, these points often become the state’s backup narrative, so they deserve the same close review. They also help show whether the officer made a careful decision or simply checked a box after deciding an arrest was going to happen.

 

What Defense Counsel Looks For In Video, Reports, And Officer Practice

 

A Minneapolis DWI lawyer usually compares the officer’s wording to what the camera shows. That comparison often exposes gaps that matter:

 

  • Road and weather conditions
  • Instruction accuracy
  • Interruptions or coaching
  • Baseline behavior
  • Medical limitations
  • Report inflation

 

When the video and the report do not match, it can undermine probable cause and undermine how the state presents the case. Video can also show details that are omitted from reports, such as traffic noise, wind, poor lighting, or an officer giving confusing directions. Those small facts often matter more than people expect.

 

Speak With A Minneapolis DWI Attorney Before You Accept The Test Results

Speak With A Minneapolis DWI Attorney Before You Accept The Test Results

 

If a faulty roadside test led to your arrest, you do not have to accept the officer’s conclusion as the final word. Keyser Law P.A. can review the stop, how the tests were administered, and what happened after the arrest, then build a defense aimed at dismissal, reduction, or a stronger position for resolution. That includes reviewing squad video, testing procedures, and whether the officer had a lawful basis to escalate the stop. If you want to talk with a Minneapolis DWI attorney about next steps, contact us online.

 


If You Need a Top Minnesota Criminal Lawyer Call 312-338-5007

MINNEAPOLIS & ST. PAUL CRIMINAL DEFENSE & DWI LAW FIRM SERVING

 

With offices in Minneapolis and Stillwater, Minnesota, Keyser Law, P.A. handles cases throughout the Minneapolis-St. Paul metropolitan area including:

 

HENNEPIN COUNTY

 

Bloomington, Brooklyn Center, Brooklyn Park, Champlin, Chanhassen, Corcoran, Crystal, Dayton, Deephaven, Eden Prairie, Edina, Excelsior, Golden Valley, Greenfield, Greenwood, Hanover, Hopkins, Independence, Long Lake, Loretto, Maple Grove, Maple Plain, Medicine Lake, Medina, Minneapolis, Minnetonka, Minnetrista, Mound, New Hope, Orono, Osseo, Plymouth, Richfield, Robbinsdale, Rockford, Rogers, Shorewood, Spring Park, St. Anthony Village, St. Bonifacius, St. Louis Park, Wayzata, Woodland and Hassan Township.

WASHINGTON COUNTY

 

Afton, Bayport, Birchwood Village, Cottage Grove, Dellwood, Forest Lake, Grant, Hugo, Lake Elmo, Lake St. Croix Beach, Lakeland Shores, Lakeland, Landfall, Mahtomedi, Marine on St. Croix, Newport, Oak Park Heights, Oakdale, Pine Springs, Scandia, St. Marys Point, St. Paul Park, Stillwater, Willernie, White Bear Lake, Woodbury, Baytown, Denmark, Grey Cloud Island, May, West Lakeland, Garen and Point Douglas.

RAMSEY COUNTY

Arden Hills, Blaine, Falcon Heights, Gem Lake, Lauderdale, Little Canada, Maplewood, Mounds View, New Brighton, North Oaks, North St. Paul, Roseville, Shoreview, St. Anthony, St. Paul, Spring Lake Park, Vadnais Heights, White Bear Lake and White Bear Lake Township.

ANOKA COUNTY

Andover, Anoka, Bethel, Blaine, Centerville, Circle Pines, Columbia Heights, Columbus, Coon Rapids, East Bethel, Fridley, Ham Lake, Hilltop, Lexington, Lino Lakes, Nowthen, Oak Grove, Ramsey and St. Francis.

DAKOTA COUNTY

Apple Valley, Burnsville, Coates, Eagan, Farmington, Hampton, Hastings, Inver Grove Heights, Lakeville, Lilydale, Mendota, Mendota Heights, Miesville, New Trier, Northfield, Randolph, Rosemount, South St. Paul, Sunfish Lake, Vermillion and West St. Paul.

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