If an officer has gotten to the point where they're confident enough in their initial investigation to have you step out of the vehicle for SFSTs, they've established enough probable cause to arrest you on a DWI if you refuse to perform them and will have enough reasonable, articulable suspicion to get a warrant for blood. Again, there's no magical tactic to outsmart the procedural justice process related to driving under the influence as it stands to date in Minnesota. There's a boilerplate process for LE from probable cause for a traffic stop all the way through arrest, you can't beat it if the cop knows what he's doing and is adequately trained. And no cop is going to put you through a blood draw because you suck at balance, there are a ton of factors that go into the decision to wake a judge up to request a SW and that has to be articulated in the facts and findings portion of the warrant application. 99% of the time its horizontal gaze nystagmus that will fuck you, and that's not a test that you can beat or practice for. If it's clear and apparent, you're under arrest. Now, this doesn't necessarily mean you'll ultimately be found guilty in court, but they've got you nailed on the night of the offense and you'll be in jail with a booking photo online if your county posts them. Not worth it.Never consent to a field sobriety test.
During a show I used to do on Twitch and internet radio, we had a local Hopkins cop on as a guest. I picked him up drove home to the show, and he was with me for over four hours, and he knows I only had water or Gatorade for the entire time, as a matter of fact, I had not had an alcoholic beverage for more than a week leading up to the show.
During the show the conversation went to what to do if you get pulled over for suspicion of DWI, and we talked a lot about the field sobriety test, so I asked him to test me on air…and I failed. He said my performance was enough to take me in for a blood test,etc.
But again, you do not have to consent to that test. If you refuse the PBT (preliminary breath test), you will be brought to the station for a blood test.