What To Do If You're Arrested
Step-by-step guides for navigating critical moments in the criminal justice process: a DWI stop, a police search, and an arrest. Know your rights before you need them.
A traffic stop that leads to a DWI investigation is one of the most consequential encounters a person can have with law enforcement. What you do, and what you say, in the minutes and hours after the stop can significantly affect the outcome of your case.
Stay calm and be courteous
Pull over promptly and safely. Keep your hands visible. Be polite to the officer. Hostility will not help you and may make things worse. You are not required to answer questions beyond providing your name, driver's license, registration, and proof of insurance.
Exercise your right to remain silent
You have the right to remain silent under the Fifth Amendment. You are not required to answer questions about where you have been, what you have had to drink, or how you feel. Politely decline to answer: 'I would like to speak with an attorney before answering any questions.'
Understand the implied consent law
Under Minnesota's implied consent law, refusing a breath test is a crime (a gross misdemeanor), and so is refusing a blood or urine test ordered by a search warrant. Refusal can be charged separately from the DWI. You have a limited right to consult a lawyer before deciding, as long as it does not unreasonably delay the test. However, you are not required to perform field sobriety tests, which are voluntary.
Do not consent to a search
You are not required to consent to a search of your vehicle. Politely decline: 'I do not consent to a search.' If the officer searches anyway, do not physically resist, but make clear that you do not consent. Your attorney can later challenge the legality of the search.
Write down everything you remember
As soon as possible after the stop, write down everything you remember: the location, time, reason for the stop, what the officer said, what tests were administered, and any other details. This information can be critical to your defense.
Contact a defense attorney immediately
There are time-sensitive deadlines in DWI cases. You have 60 days from receipt of the notice of revocation to request a hearing to challenge your license revocation. Contact a defense attorney as soon as possible, ideally before you leave the scene or the jail.
This guide is for general informational purposes only and does not constitute legal advice. Every case is different. Contact a licensed Minnesota attorney to discuss your specific situation.
The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. Understanding your rights during a police search, and how to assert them without escalating the situation, can make a critical difference in the outcome of a criminal case.
You have the right to refuse consent to a search
If a police officer asks to search your home, car, or belongings, you have the right to say no. Politely but clearly state: 'I do not consent to a search.' If the officer has a warrant or a recognized exception to the warrant requirement, they can search without your consent, but your refusal is still important for the record.
Understand when police can search without consent
Police can search without your consent in several situations: (1) they have a valid search warrant; (2) they arrest you and search incident to arrest; (3) they have probable cause to search a vehicle; (4) there are exigent circumstances (emergency); or (5) the evidence is in plain view. An attorney can evaluate whether any exception applied in your case.
Do not physically resist a search
Even if you believe a search is unlawful, do not physically resist. Resisting a search can result in additional criminal charges. Assert your rights verbally and let your attorney challenge the legality of the search in court.
Do not answer questions about what police find
If police find something during a search, do not explain, justify, or comment on it. Exercise your right to remain silent: 'I would like to speak with an attorney before answering any questions.' Anything you say can and will be used against you.
Document the search
After the encounter, write down everything you remember: the officers' names and badge numbers (if available), the time and location, what was searched, what was taken, and what was said. This information can be critical if your attorney challenges the legality of the search.
This guide is for general informational purposes only and does not constitute legal advice. Contact a licensed Minnesota attorney to discuss your specific situation.
An arrest is one of the most frightening experiences a person can face. Knowing your rights and what to expect can help you protect yourself and give your attorney the best opportunity to defend you.
Do not resist arrest
Even if you believe the arrest is unlawful, do not physically resist. Resisting arrest is a separate criminal offense. Assert your rights verbally and let your attorney challenge the legality of the arrest in court.
Exercise your right to remain silent
You have the right to remain silent. You are not required to answer questions beyond providing your name. Clearly invoke your right: 'I am invoking my right to remain silent. I want to speak with an attorney.' Do not answer any questions until you have spoken with an attorney.
Request an attorney immediately
You have the right to an attorney. Request one clearly and immediately: 'I want an attorney.' Once you invoke your right to an attorney, police are required to stop questioning you until an attorney is present. If you cannot afford an attorney, one will be appointed for you.
Do not discuss your case with anyone in custody
Do not discuss your case with cellmates, family members on jail phones, or in letters. Jail phone calls are recorded and can be used as evidence against you. The only person you can speak freely with is your attorney.
Contact a defense attorney as soon as possible
Contact a defense attorney as soon as you are allowed to make a phone call. Early involvement by an attorney can affect bail, conditions of release, and the direction of the investigation. Do not wait.
Understand what happens next
After arrest, you will typically be booked (photographed, fingerprinted, and processed) and held until bail is set. An arraignment, where you are formally informed of the charges and asked to enter a plea, typically occurs within 36 hours of arrest for in-custody defendants, not counting the day of arrest, Sundays, and legal holidays. Your attorney can appear with you at arraignment.
This guide is for general informational purposes only and does not constitute legal advice. Contact a licensed Minnesota attorney to discuss your specific situation.
If you are facing criminal charges in Minnesota, contact us for a confidential consultation.