Ed Shaw Law - Brainerd Attorney
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Coronavirus Impact and Assurance: Yes! We are still open for business!

As you are all aware, we are currently facing unique challenges due to the Coronavirus. While this is a serious crisis, it is important to keep it in perspective, and not allow it to prevent us from going about our business. We want to assure all of our clients that this office is prepared to serve your needs, regardless of what happens and how the virus affects Minnesota. In an effort to keep the office safe, we have stepped up prevention and sanitation measures in hopes to prevent disease transmission.

Because we are a paperless office, our entire staff is prepared to work from home if necessary. No matter what happens, we will continue to provide our clients with the highest quality legal services.  So far, not one client or staff member has become infected based on contact at this office and we will continue with safety protocols in an attempt to keep it that way. My office will continue to put the safety of our staff and you as our top priority. We do greatly appreciate your cooperation in conducting business in a safe fashion by utilizing current technology. Regardless of what happens, we will continue to take care of all of your legal needs.

Please rest assured, we will continue to take care of your legal needs in this challenging time, and your safety is our highest priority.

Please see our blog for more info on pandemic response.

Frequently asked questions about field sobriety tests

| Jan 3, 2020 | Uncategorized

Like the rest of the nation, the legal blood alcohol concentration (BAC) limit in Minnesota is .08%. And while a roadside breath test might measure your BAC accurately, police officers often revert to field sobriety tests to determine whether they should arrest you for drunk driving.

Below are just three common questions you may have should an officer pull you over and ask you to perform a field sobriety test.

What is a field sobriety test?

A field sobriety test is a way for a police officer to assess your level of intoxication from a physical standpoint. Some officers may ask you to recite the alphabet, while others may require you to count your fingers forwards and backwards. However, there are only three standardized tests authorized by the National Highway Traffic and Safety Administration (NHTSA). They include:

  • Walk-and-turn — Tests your ability to walk in a straight line, toe to heel, and turn around without falling over.
  • One-leg stand — Assesses how well you can balance on one leg for 30 seconds without using your arms for support.
  • Horizontal gaze nystagmus — Tracks how smoothly your eyes are able to follow an officer’s finger without making jerking or bouncing movements.

Do I have to take it?

Many people are unsure of their rights in this situation. If a police officer asks you to perform a field sobriety test, you have the legal right to refuse. Police use field sobriety tests to determine whether they have probable cause to arrest you for drunk driving, so submitting to one might incriminate you.

Unfortunately, refusing a field sobriety test often provokes an officer into arresting you anyway. They will likely take you in for breath, blood or urine testing, which you must submit to under Minnesota’s implied consent law.

Still, the benefits to refusing a field sobriety test outweigh the drawbacks. If your chemical test shows your BAC was below the legal limit, there are no consequences. If your chemical test shows your BAC was over the legal limit, a police officer cannot use a failed field sobriety test as evidence against you.

What happens if I fail?

If you do take a field sobriety test and an officer deems you unfit to drive, don’t worry. While they may use it as evidence against you, field sobriety tests are notorious for being inaccurate ways of determining someone’s level of intoxication.

Physical disabilities, age and nervousness can make even the soberest of drivers fail a field sobriety test. Even though police often rely on field sobriety tests, people generally see them as unreliable and outdated.