Legal Question in Criminal Law in Minnesota

DUI-controlled substance

My husband failed to stop at a stop sign and was pulled over. He was harassed by having dialated pupils. He is on 7 differnt meds from his current heart condition we told police they did not care. They refused to let him leave or give him a ticket until they searched his car for 2 hours with 5 cops and dogs turning up nothing. Then they made him take a field sobriety test know he could not pass a standard test due to his medications and health,he was not drinking. Then they went even further and arrested him brought him to jail and made him give blood for a drug test. Should he of said no? This was the biggest case of harassment I have seen. They kept him standing outside in the cold for 2 hours. Its been about 3 weeks we havent heard anything. What is the statue of limitations on DUI on controlled substance and would this be thrown out because they knew about previous health conditions before they gave the field sobriety test? Is this total harrassment?


Asked on 4/16/07, 7:02 pm

1 Answer from Attorneys
J. Chris Carpenter Harvey and Carpenter

Re: DUI-controlled substance

While this situation is very frustrating, in MN if a police officer has reasonable articulable suspicion to believe that a person is driving while impaired, they are required to take a test. Test refusal is a crime. So the short answer is that yes he had to take the test.

However, if the only substances he was taking were prescribed medications, there is an affirmative defense to driving while impaired under the statute. As for the "harassment" by the police, that is another matter. It would be necessary to review the police reports to see what necessitated the extensive search and seizure of the vehicle.

I would also like to know where this offense occurred and what law enforcement agencies were involved. If I can be of any further help please don't hesitate to contact our office at 5076253000.

Jennifer S. Homer

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Answered on 4/17/07, 11:54 am


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