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Understanding DWI Arrests Beyond Breath Test Results
Many people assume that a breath test failure — specifically showing a blood alcohol concentration (BAC) of 0.08% or higher — is the only way someone can be arrested for DWI in Minnesota. However, that assumption doesn’t reflect how the law actually works. In reality, a breath test is only one part of the impaired driving enforcement process, and an arrest can happen even if the test result is below the legal limit — or if no breath test is taken at all.
Minnesota uses the term DWI (Driving While Impaired), and its laws allow for arrest when an officer has sufficient reason to believe that a person is operating a motor vehicle while impaired by alcohol, drugs, or other substances, regardless of test results. Officers rely on multiple observations and tools to make this determination, and breath testing is just one piece of evidence among many.
This article explains how DWI arrests can occur in Minnesota without a failed breath test. Whether it’s because of driver behavior, refusal to test, or the presence of other substances, drivers should understand the broader set of factors that can trigger legal consequences.
Observations and Field Sobriety Tests Can Justify Arrest
A breath test alone doesn’t determine whether a person will be arrested. In many Minnesota DWI cases, the decision to arrest is based heavily on an officer’s observations during a traffic stop and the results of field sobriety tests (FSTs).
After pulling someone over — often for a minor traffic violation — officers look for indicators of impairment such as:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady movement or balance
- Strong smell of alcohol
- Difficulty understanding or responding to questions
If these signs are present, the officer may conduct FSTs. These include tasks like walking a straight line, standing on one leg, or following an object with the eyes. Performance on these tests gives officers further justification to believe the person is impaired — even before any chemical testing occurs.
If a driver performs poorly on these tests, an officer may place them under arrest for DWI, even if a breath test later shows a BAC below 0.08%. In Minnesota, impairment at any level can lead to arrest if the officer reasonably believes the driver is unable to operate the vehicle safely.
Chemical Testing Is Not Limited to Breath Tests
While most people associate DWI testing with breathalyzers, Minnesota law allows for other types of chemical testing, including blood or urine samples. These methods are often used when:
- Drug use is suspected
- Breath testing is unavailable
- The driver is unable to complete a breath test
- The officer believes another substance is impairing the driver
Importantly, breath tests do not detect drugs, so if a driver is impaired by prescription medication, marijuana, or other controlled substances, a breath test might come back as 0.00% BAC. Even then, the officer can still proceed with a DWI arrest based on observed impairment and request a blood or urine test to confirm the presence of other substances.
This reinforces the idea that a DWI arrest in Minnesota isn’t dependent on failing a breath test — or even taking one. A different type of test may be used when alcohol isn’t suspected to be the primary factor.
Refusing a Breath Test Can Still Lead to Arrest
Another important scenario to understand is breath test refusal. Under Minnesota’s implied consent law, drivers are legally required to submit to chemical testing if lawfully arrested for DWI. Refusing a breath test doesn’t prevent an arrest — in fact, it can serve as a separate basis for legal penalties.
If a driver refuses testing after being lawfully arrested, that refusal can result in:
- Immediate license revocation
- Possible criminal charges
- Use of refusal as evidence in court
- Continued DWI processing based on officer observations
Minnesota courts recognize that refusal can be seen as conscious avoidance of a test result, and in some cases, it may be treated as seriously as a high BAC result. So while refusing a breath test avoids producing a BAC number, it doesn’t protect someone from arrest or penalties.
Impairment Without Intoxication: Other Substances and Legal Medications
Not all DWI arrests in Minnesota involve alcohol. The law applies broadly to any substance that impairs the ability to drive safely, including over-the-counter medications, legally prescribed drugs, and illegal drugs. These substances may not show up on a breath test, but their effects can still be grounds for arrest.
For example, if a person takes a legally prescribed painkiller that causes drowsiness and they exhibit impaired driving behavior, they may be arrested even if a breath test shows 0.00% BAC. Officers can request blood or urine testing to confirm what substances are present.
This category includes:
- Opioids
- Sleep aids
- Anti-anxiety medications
- Marijuana (even if legally used)
- Stimulants or hallucinogens
The key factor is impairment, not legality. Minnesota law holds drivers responsible for their condition behind the wheel, no matter the source of impairment.
Arrests Based on “Physical Control” of a Vehicle
In Minnesota, a person can be arrested for DWI even if they weren’t actively driving when law enforcement arrived. The law allows for DWI arrests when someone is in physical control of a vehicle while impaired.
This often applies in cases where a person is:
- Sitting in the driver’s seat
- Has possession of the keys
- The vehicle is operable
- The person could start or move the car at any moment
In these situations, a breath test might not even be performed immediately, or it might return a low reading. However, if other signs of impairment are present, or if the officer suspects drug use, the person can still be arrested. This highlights how Minnesota’s DWI law prioritizes preventing impaired driving, not just responding to accidents or roadside failures.
Why Breath Test Results Aren’t the Only Evidence
Minnesota law treats the totality of the circumstances as the basis for a DWI arrest. A breath test result is just one piece of the puzzle. Officers consider all available information, including:
- Driving behavior
- Physical signs of impairment
- Results of field sobriety tests
- Admissions or statements by the driver
- Presence of alcohol containers or drugs in the car
- Any refusal to cooperate with testing
If the officer has enough evidence to form a reasonable belief that the person is impaired, they are authorized to make an arrest — regardless of what the breath test does or does not show.
This approach is designed to capture a wide range of impaired driving scenarios, ensuring public safety even when traditional testing doesn’t reveal the full picture.
FAQ: DWI Arrests Without a Failed Breath Test
Can I be arrested for DWI in Minnesota with a BAC below 0.08%?
Yes. If the officer believes you are impaired, you can still be arrested even if your BAC is below the legal limit.
Does refusing a breath test prevent arrest?
No. Refusing a breath test may lead to immediate arrest, license revocation, and potential charges under implied consent laws.
What if I’m taking medication prescribed by my doctor?
If that medication impairs your ability to drive, you can still be arrested for DWI in Minnesota, even with a valid prescription.
Can I be arrested if I’m not actually driving?
Yes. If you are in physical control of a vehicle while impaired — such as sitting in the driver’s seat with keys in hand — you may still be arrested.
Do officers need a breath test to prove impairment?
No. Officers use a range of observations, field tests, and other tools to determine impairment and can arrest based on that evidence alone.
Conclusion
In Minnesota, a DWI arrest doesn’t depend solely on failing a breath test. Law enforcement officers are trained to detect impairment through behavior, physical signs, and field testing. Refusing to take a breath test, showing signs of drug impairment, or even being in control of a vehicle while impaired — all of these can result in an arrest under the state’s DWI laws.
To understand more about how DWI laws work in Minnesota, visit the How DUI Laws Work pillar page. For a detailed look at how traffic stops and other scenarios lead to arrests, check out What Triggers a DUI Arrest During a Traffic Stop.