Defending Your Rights in Phase 3 of a Minnesota DWI: Jack Rice Defense on Pre-Arrest Screening

When police officers handle DWI’s in Minnesota, there is typically a process. Phase 1 is know as the Vehicle in Motion (how your car was being driven) phase. Phase 2 is known as the Personal Contact (how you interact with the officer before you even get out of the car) phase.. By Phase 3, the officer has generally asked you to get out of the case and they are often seeking to confirm impairment using standardized field sobriety tests. If you are facing DWI or DUI charges in St. Paul, Ramsey County or anywhere in the Twin Cities, contact Jack Rice Defense for a free confidential consultation at 651-447-7650 or 612-227-1339.

Here’s what this phase typically involves:

1. Standardized Field Sobriety Tests (SFSTs)

Officers use SFSTs to evaluate your physical coordination, balance, and mental focus. These tests are standardized across the U.S. and include:

  • Horizontal Gaze Nystagmus (HGN): Checks for involuntary jerking of the eyes when following a moving object.

  • Walk-and-Turn: Assesses balance and the ability to follow instructions.

  • One-Leg Stand: Tests balance and concentration by requiring you to stand on one foot for a period of time.

The officer is trained to observe very specific signs of impairment during each test.

2. Preliminary Breath Test (PBT)

If permitted by the officer’s department, a Preliminary Breath Test may also be administered. This is a portable breathalyzer used at the scene to detect the presence of alcohol in your system. Importantly, the PBT is not the same as the official breath or blood test administered later at the station.

3. The Arrest Decision

Based on everything observed across all three phases of the DWI investigation, the officer will determine whether there is probable cause to make an arrest. This includes:

  • Driving behavior

  • Personal interaction and demeanor

  • Performance on SFSTs

  • Results of the PBT (if given)

The decision must be based on the totality of the circumstances.

4. Documentation and Evidence

Every part of Phase 3 is meticulously documented by the officer, including:

  • Your statements

  • Observations during SFSTs

  • PBT results

  • Any admissions or behavior suggesting impairment

This documentation will be critical evidence if your case goes to court.

Get Help Now – Your Freedom Is at Stake

If you’re facing DWI or DUI charges in St. Paul, Ramsey County, or anywhere in the Twin Cities, time is critical. Contact Jack Rice Defense today for a free and confidential consultation. We’ll give you honest answers and a powerful defense.

📞 651-447-7650 or 612-227-1339

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