Every week, we see news stories that remind us of the complex and often tense interactions between citizens and law enforcement. A recent incident at Augsburg University, where the university president alleged that ICE agents illegally detained a student without producing a warrant, serves as a powerful reminder for all Minnesotans. While the context was federal immigration enforcement, the core principles at stake—unlawful detention, the necessity of warrants, and a citizen’s fundamental rights—are universal. They apply just as much to a traffic stop on I-94 as they do to an agent knocking on a door.
As a criminal defense attorney focused on DWI cases, I see firsthand how a lack of knowledge about these rights can turn a simple traffic stop into a life-altering conviction. The lessons from the Augsburg incident and advice on how to interact with law enforcement are not just academic; they are your first and most important line of defense.
The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. The key word here is unreasonable. In the Augsburg case, the entire controversy hinged on whether the agents had a valid warrant to enter and detain the student. A warrant is a legal document, signed by a judge, that provides law enforcement with the authority to conduct a search or make an arrest. Without it, their authority is severely limited. Now, let’s translate this to a DWI stop. An officer doesn’t need a warrant to pull you over; they need reasonable articulable suspicion that you have violated a law—even something as minor as a burnt-out taillight. However, their authority is not unlimited once they have you on the side of the road. They cannot search your vehicle without a warrant, your consent, or probable cause that a crime is being committed. You are not required to give them consent. A polite but firm, Officer, I do not consent to any search of my vehicle, is a complete and powerful sentence.
This brings us to another critical right: the right to remain silent. An article from MPR News detailing the dos and don’ts of monitoring ICE actions emphasizes this point. Observers are told they have the right to remain silent, and it’s a right you should always exercise. During a DWI stop, officers are trained to gather evidence against you from the moment they approach your window. They will ask seemingly innocent questions like, Do you know why I pulled you over? or Where are you coming from tonight? followed by the classic, Have you had anything to drink?
Your answers to these questions are not just conversation; they are evidence. The only information you are legally required to provide is your driver’s license, proof of insurance, and vehicle registration. Beyond that, you can and should politely decline to answer questions about whether you have been drinking.
Furthermore, you are not obligated to perform the so-called Standardized Field Sobriety Tests (SFSTs). These roadside gymnastic exercises—like the walk-and-turn or the one-leg stand—are notoriously subjective and often appear designed to be failed, even by a sober person. You can refuse to take them. Similarly, you can refuse to take the Preliminary Breath Test (PBT), the handheld device an officer may ask you to blow into on the roadside. An officer is allowed to make a negative inference of your unwillingness to test; and they may well arrest you without performing any tests on the roadside; however, it may deny the officer a key piece of evidence they use to establish probable cause for your arrest. It is crucial to distinguish this from the official evidentiary test (breath, blood, or urine) you will be asked to take at the police station after an arrest. Refusing that test has severe consequences for your driver’s license under Minnesota’s Implied Consent law, however, when you are offered the opportunity to consult with an attorney prior to taking a breath test; it may be in your best interests to make that call before making the decision whether testing is in your best interests.
Whether facing federal agents or local police, the power dynamic can be intimidating. But the Constitution provides you with a shield. Understanding your rights—the right to refuse a search, the right to remain silent, and the right to refuse roadside tests—is how you hold that shield up. If you find yourself in a situation where you are being investigated for DWI, remember these principles. Be polite, be cooperative with lawful orders, but do not volunteer information or automatically consent to searches or tests that you are not required to take. Your defense begins on the side of the road. If you have been arrested, the next step is to call an attorney who can ensure those rights are defended in court.
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The information presented in this article is not considered legal advice. Please contact our law office to speak to an attorney about your case.