The Minnesota DWI Case Of The Week is State v. Green (Decided June 9, 2025, Minnesota Court Of Appeals, Unpublished) which, once again, stands for the proposition that if the officer has probable cause to arrest for DWI, it constitutes a gross misdemeanor to refuse to submit to evidentiary testing.
In Green, a Hennepin County Sheriff's deputy stopped a black Cadillac for traveling 51 mph in a 25 mph zone. The Cadillac driver told the officer she was trying to keep up with her sister, who was driving an Audi and who had also pulled over when the Cadillac was stopped.
The Deputy then spoke to the Defendant and he observed Ms. Green was speaking slowly, appeared lethargic and had slurred speech. He also noted the odor of alcohol.
The deputy had the Defendant get out of the vehicle and perform three field sobriety tests: the eye gaze nystagmus test; the walk and turn test and the one-leg stand test. Ms Green refused to submit to a preliminary breath test and was arrested for DWI.
The Defendant subsequently refused to submit to an evidentiary breath test at the police station and was charged with gross misdemeanor DWI refusal. The case went to a jury trial and the Defendant was found guilty of DWI refusal.
On appeal, the Defendant claimed the evidence was insufficient to support her conviction but the Court of Appeals disagreed, noting:
"When a conviction is supported by direct evidence, “we limit our review to a painstaking analysis of the record to determine whether the evidence, when viewed in a light most favorable to the conviction, was sufficient to permit the jurors to reach the verdict which they did.” Horst, 880 N.W.2d at 40 (quotation omitted). We assume “that the fact-finder disbelieved any evidence that conflicted with the verdict.” Id."
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"A person may be required to submit to a chemical test when the “officer has probable cause to believe the person was driving, operating, or in physical control of a motor vehicle while impaired.” State v. Koppi, 798 N.W.2d 358, 362 (Minn. 2011) (quotation omitted)."
"To prove that the deputy here had probable cause to believe that Green was driving while impaired, the state presented evidence of the officer’s direct observations of Green’s erratic driving and behavior. He first observed Green and her sister speeding (going 51 miles per hour in a 25-mile-per-hour zone) and changing lanes at approximately 2:00 a.m., right after bar’s have typically closed in Minneapolis. Next, as the deputy spoke with Green he observed lethargy, slurred speech, and an odor of alcohol emanating from the vehicle. The state also introduced BWC footage supporting the deputy’s testimony about Green. And the deputy testified that, based on his training and experience, Green’s behavior was indicative of impairment. All of this evidence is direct evidence of the totality of the facts and circumstances known to the officers, and, if true, proves without inference that there was probable cause to believe Green was driving while impaired. See Olson, 887 N.W.2d at 700 (concluding that an officer’s direct observations of indicia of impairment and testimony based on those observations are direct evidence of impairment)."
"...we acknowledge that some of the deputy’s testimony about Green’s performance on the field sobriety tests is not corroborated by the BWC footage. For example, according to the deputy, Green performed poorly on the one-leg stand test by placing her foot down, swaying while balancing, and using her hands for balance. But the BWC footage does not show any of this. In fact, the BWC footage shows that Green maintained her balance for approximately 30 seconds before she began to sway. However, Green can be heard on the BWC footage slurring her words as she is counting, and the officer’s testimony regarding the walk-and-tum test is consistent with what is depicted in the BWC footage. Additionally, the deputy observed multiple indicia of impairment, and testified that, based on his training and experience, the erratic driving behavior exhibited by Green, coupled with the deputy’s observations of Green during the field sobriety tests, led the deputy to believe that she was impaired."
"Applying the direct-evidence standard and viewing the evidence in the light most favorable to the verdict, we conclude the evidence at trial was sufficient to prove beyond a reasonable doubt that law enforcement had probable cause to believe that Green was driving while impaired. The deputy observed erratic and high-speed driving, as well as physical indicia of impairment including observed lethargy, slurred speech, and an odor of alcohol emanating from the vehicle. The state introduced BWC footage that supports these observations. We have held that driving conduct and physical indicia similar to those exhibited by Green can support probable cause of intoxication. See Otto, 924 N.W.2d at 661 (holding that “[e]rratic driving and failing to observe traffic laws can be indicia of intoxication . . . and doing so at a time of day when drinking is often found to be involved” (1:20 a.m. on Saturday morning)); State v. Driscoll, 427 N.W.2d 263, 265 (Minn. App. 1988) (affirming probable cause where officer noted, among other things, odor of alcohol and failing to follow directions during field sobriety test)"
Moral Of The Story: A refusal to submit to testing is easier to prove than the validity of an evidentiary breath test. So don't refuse to submit to testing.
If you or a loved one have been charged with a Minnesota DWI, feel free to contact Minnesota DWI Attorney, F. T. Sessoms at (612) 344-1505 for answers to all of your Minnesota DWI and DUI questions.
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