Minneapolis, MN asked in DUI / DWI for Minnesota

Q: What happens when you blow under the limit at the police station but blew over right after leaving the bar?

You are 21. You got pulled over right after leaving so alcohol was still in your mouth/saliva so you blew over. Once you get to the station you blow under. What happens? Do you still get a DUI or DWI?

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • DUI & DWI Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: The test at the station controls charging for the most part. You may ultimately not be charged with a DWI if you were below the legal limit on the Datamaster test. But there could be other offenses that might be applicable under the circumstances depending on the reasons that you were pulled over.

William Bailey agrees with this answer

William Bailey
William Bailey
Answered
  • DUI & DWI Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

A: You could still be charged with DWI if the state believes they can prove that you were under the influence.

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