If you’ve been charged with a DWI in Minnesota, you might feel like your fate is sealed. After all, the police have breathalyzer results, field sobriety tests, and their own testimony stacked against you. But here’s what most people don’t realize—a DWI charge is not the same as a DWI conviction.
A skilled DWI attorney knows how to challenge the evidence, expose weaknesses in the prosecution’s case, and, in some cases, get charges reduced or even dismissed. If you’re facing DWI charges, understanding these proven defense strategies could make all the difference.
1. Challenging the Legality of the Traffic Stop for a DWI in Minnesota
Before anything else, a DWI attorney will examine whether the police had a valid reason to pull you over.
In Minnesota, officers need reasonable suspicion to stop your vehicle—such as swerving, running a red light, or erratic braking. But if the stop was based on a mere hunch, it could be an unconstitutional seizure under the Fourth Amendment.
Defense Strategy: If your attorney proves the stop was illegal, any evidence collected after that—including field sobriety and breathalyzer results—may be thrown out, leading to a dismissed case.
PACYGA CASE STUDY – DWI TEST REFUSAL
2. Questioning the Accuracy of the Breathalyzer Test for a DWI in Minnesota
Breathalyzer machines are not foolproof. They require regular calibration, proper administration, and a certified operator to ensure accuracy. If the device was malfunctioning or not maintained correctly, the results could be unreliable.
Other factors that can produce false positives include:
- Mouth alcohol contamination (from breath sprays, mouthwash, or burping)
- Medical conditions (such as acid reflux or diabetes)
- Rising blood alcohol concentration (BAC) (if you were still absorbing alcohol when tested)
Defense Strategy: Your attorney can request maintenance records for the breathalyzer and question whether the officer properly administered the test. If the device wasn’t calibrated or the test was conducted improperly, the BAC result could be dismissed as inadmissible evidence.
PACYGA CASE STUDY – DWI OFFICER ERROR AND DISMISSAL
3. Exposing Errors in Field Sobriety Tests for a DWI in Minnesota
Field Sobriety Tests (FSTs) are notoriously unreliable. Even sober individuals can fail them due to factors like poor balance, medical conditions, fatigue, or nervousness.
The three standardized tests used in Minnesota are:
- Horizontal Gaze Nystagmus (HGN) Test – Checking for involuntary eye movement
- Walk-and-Turn Test – Assessing balance and coordination
- One-Leg Stand Test – Measuring steadiness on one foot
Defense Strategy: Your lawyer can argue that external factors (uneven pavement, improper footwear, medical issues) or police bias led to an unfair assessment. If the test wasn’t administered correctly, its results can be challenged.
PACYGA CASE STUDY: DWI BREATH TEST
4. Arguing a Medical or Physiological Defense
Certain medical conditions can mimic signs of intoxication, leading to false arrests.
- Diabetes – Can cause low blood sugar symptoms that resemble drunkenness
- Neurological disorders – Conditions like multiple sclerosis can affect balance and speech
- Auto-brewery syndrome – A rare condition where the body produces alcohol naturally
Defense Strategy: If your medical history supports a physiological explanation for your behavior or test results, your attorney can use expert medical testimony to fight the charges.
5. Proving the Blood Test Was Mishandled
Blood tests are generally more accurate than breath tests, but they aren’t immune to error. Mistakes in collection, storage, handling, or testing can compromise results.
Potential issues include:
- Improper storage leading to fermentation (which increases BAC)
- Blood contamination from alcohol-based swabs
- Mishandling or delays in testing at the lab
Defense Strategy: Your attorney can demand chain-of-custody records and challenge any inconsistencies that may suggest contamination or human error.
6. Asserting That You Were Not in “Physical Control” of the Vehicle
Minnesota law allows police to charge you with a DWI even if you weren’t driving. If you were in the driver’s seat with the keys in the ignition—or even just nearby—the law assumes you were in physical control of the vehicle.
Defense Strategy: If you were sleeping in the backseat, didn’t have the keys on you, or had no intention of driving, your attorney can argue that you were not actually in control of the vehicle and fight for a dismissal.
PACYGA CASE STUDY: MINNESOTA’S PHYSICAL CONTROL LAWS
7. Challenging the Officer’s Testimony and Procedures
Police officers are not perfect. Their reports and testimony can contain:
- Inconsistencies (between body cam footage and their report)
- Bias or exaggeration (overstating signs of impairment)
- Failure to follow protocol (not reading Miranda rights, skipping required procedures)
Defense Strategy: Your lawyer can cross-examine the officer and use body cam or dash cam footage to expose contradictions and procedural missteps. If law enforcement didn’t follow proper protocol, the charges may be weakened—or dismissed entirely.
Why You Need an Experienced DWI Attorney
DWI cases are complex, and prosecutors will not go easy on you. The difference between a conviction and a reduced charge—or even dismissal—often comes down to having the right legal defense.
If you or a loved one is facing a DWI charge, don’t leave your future to chance. Contact Ryan Pacyga Criminal Defense today for a consultation and start building the strongest defense possible.