The Minnesota DWI Case Of The Week is State v. Lang (Decided October 21, 2025, Minnesota Court Of Appeals, Unpublished) which stands for the proposition that the police may expand a traffic stop to investigate a possible DWI if the police action is reasonably related to the circumstances arising from the stop.
In Lang, the Defendant was stopped by the police for failing to signal a lane change. The officer who stopped the Defendant recognized her and knew that Ms. Lang had a history of drug-related criminal activity. The officer directed Lang out of her vehicle and then questioned her about where she was traveling and her plans for the day. While speaking with Lang, the officer observed her to have “excited” behavior, facial twitching, dilated pupils, and dry lips. Based on his training and experience, the officer recognized these as indicia of recent methamphetamine use. The officer questioned Lang about her drug use. Lang responded that she had not used methamphetamine since March 2022. She agreed to perform field sobriety tests, after which the officer informed Lang that he believed that she had used methamphetamine more recently. After she admitted to smoking methamphetamine four days earlier, the officer arrested Lang.
The State of Minnesota charged Lang with one count of fourth-degree DWI (body contains any amount of schedule I/II drugs) and one count of fourth-degree DWI (under the influence of a controlled substance), in violation of Minn. Stat. § 169A.20, subd. 1(2), (7). Lang moved to suppress all the evidence obtained from the traffic stop arguing (among other things) the expansion of the stop was unlawful because the officer had no reasonable suspicion that Lang was driving while under the influence of a controlled substance. The District Court denied the defense motion to suppress and on appeal, the Minnesota Court of Appeals upheld the lower court stating:
"First, Lang argues that the officer expanded the scope of the stop by ordering her out of her vehicle without articulating safety concerns. We are not persuaded. An “officer may order a driver out of a lawfully stopped vehicle without an articulated reason.” Askerooth, 681 N.W.2d at 367 (citing Pennsylvania v. Mimms, 434 U.S. 106, 111 (1977)). This is so because such an additional intrusion is de minimis. Mimms, 434 U.S. at 111. Accordingly, the officer did not expand the traffic stop by asking Lang to step out of her vehicle."
"Second, Lang contends that the officer expanded the scope of the stop by asking her and her passenger “general investigative” questions and extended the duration of the stop by questioning her passenger. An officer expands the scope of a stop if they engage in investigative questioning unrelated to the purpose of the stop and without reasonable, articulable suspicion of other criminal activity. See State v. Fort, 660 N.W.2d 415, 418-19 (Minn. 2003) (concluding no reasonable suspicion to expand a traffic stop for speeding and a cracked windshield to include questions about drugs and weapons); Sargent, 968 N. W.2d at 40-42 (holding that questions about pretrial release conditions were questions about noncriminal activity unrelated to a traffic stop). But an officer may “ask the driver about [their] destination and the reason for the trip” during a routine traffic stop. State v. Syhavong, 661 N.W.2d 278, 281 (Minn. App. 2003). That is the situation here. Once the officer had ordered Lang out of the car, he proceeded to ask her questions about how she knew her passenger and where they were heading for the day. The officer then asked the passenger the same questions. We conclude that the officer’s initial questioning of Lang and her passenger falls within the scope of the “reason for the trip,” and did not expand the scope of the stop. Id."
"To the extent that Lang argues that the officer’s questioning of her passenger extended the duration of the stop, as we discuss below, the record demonstrates that the officer had reasonable suspicion that Lang was under the influence of methamphetamine before speaking to the passenger. In other words, the officer had a valid basis to continue to detain Lang during the passenger’s brief questioning. State v. Wiegand, 645 N.W.2d 125, 135 (Minn. 2002) (“Law enforcement may continue the detention as long as the reasonable suspicion for the detention remains provided they act diligently and reasonably.” (quotation omitted))."
"Third, Lang argues that the officer impermissibly expanded the scope of the stop by continuing to question her about drug use after returning her license and registration and by administering field sobriety tests. This argument is unavailing. The officer testified that he observed “possible signs of impairment” early on, while speaking with Lang about what she was doing for the day. He described Lang as exhibiting “excited” behavior, very dry lips, dilated pupils, and facial tremors. Based on his experience and training, the officer recognized these as signs of possible drug use. The district court expressly found this testimony reliable. One “objective indicator of intoxication” can constitute reasonable suspicion that a person is under the influence. Otto v. Comm ’r of Pub. Safety, 924 N.W.2d 658, 661 (Minn. App. 2019) (quotation omitted). This record persuades us that the officer had reasonable, articulable suspicion to expand the traffic stop by asking Lang about drug use and requesting field sobriety testing."
"In sum, the record supports the district court’s findings that Lang (1) violated a traffic statute by failing to signal when changing lanes, and (2) exhibited multiple indicia of controlled-substance use. Because the traffic stop was valid and the officer permissibly expanded it based on reasonable suspicion that Lang was impaired, we conclude that the district court did not err by denying Lang’s suppression motion."
Moral Of The Story: Loose lips sink ships.
If you or a loved one have been charged with a Minnesota DWI, feel free to contact Minnesota DWI Lawyer, F. T. Sessoms at (612) 344-1505 for answers to all of your Minnesota DWI and DUI questions.
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