When Minnesota police make a traffic stop for suspected intoxication, they must establish probable cause to make an arrest. Once an officer has accomplished this and has taken an individual into custody, processing of the case begins. If the arrest was based on suspected DUI, the accused individual will be asked to take a chemical Breathalyzer test.
Implied consent laws are in effect in Minnesota. This means that a person who signs a driver’s license simultaneously agrees (by virtue of the signature) to take a chemical Breathalyzer test following a DUI arrest. While someone may refuse to take the test, the refusal has automatic implications, one of which is a driver’s license suspension. Police must adhere to stringent protocol when administering a Breathalyzer test.
Breathalyzer device must be properly calibrated
It is the responsibility of the test administrator to make sure that the Breathalyzer device is properly calibrated. If this is not done, testing results may be skewed. The Minnesota police officer or other official administering a Breathalyzer test must be properly trained by the Commissioner of Public Safety. All other regulations regarding chemical breath tests following a DUI arrest must be adhered to, as well.
If someone accused of DUI in Minnesota can prove that a Breathalyzer device was not calibrated or that evidence was mishandled or an untrained individual administered the test, the court might dismiss the case. If the case still goes to trial, the judge might rule that the Breathalyzer evidence is not admissible in court. If legal issues like this arise, it is always best to seek immediate support from an experienced criminal defense attorney.
