What Happens After a DWI Arrest in Minnesota?
Being arrested for a DWI in Minnesota is a stressful and confusing experience. Many people are unsure of what to expect in the days and weeks following their arrest. Understanding the process can help you make informed decisions and protect your rights. Here is a step-by-step overview of what happens after a DWI arrest in Minnesota.
1. The Arrest and Booking Process
If a police officer suspects you of driving while impaired, they will likely ask you to perform field sobriety tests and take a preliminary breath test (PBT). If the officer believes there is probable cause, you will be arrested and taken to the police station or county jail for booking. During booking, your personal information, fingerprints and photographs will be recorded.
2. Chemical Testing
At the station, you will be asked to submit to an evidentiary chemical test (breath, blood or urine) to determine your blood alcohol concentration (BAC). Before taking the test, the officer must read you the Minnesota Implied Consent Advisory, which explains your rights and the consequences of refusing the test. You have the right to consult with an attorney before deciding whether to take the test, provided it does not unreasonably delay the process.
3. Release from Custody
Depending on the severity of the offense and your prior record, you may be released to a sober adult after booking or you may be held in jail until you can see a judge. If you are held, a judge will set bail or release conditions during your first court appearance.
4. Notice of License Revocation
If you fail the chemical test (BAC of 0.08 or higher) or refuse to take it, the officer will issue a Notice and Order of Revocation. This document serves as a temporary driver’s license for seven days, after which your driving privileges will be revoked. You have a limited window of time (typically 60 days) to challenge this revocation in civil court.
5. The First Court Appearance (Arraignment)
Your first court appearance is called an arraignment. During this hearing, the judge will formally read the charges against you, explain your constitutional rights and ask how you plead. It is highly recommended that you have a criminal defense attorney present at this stage to advise you and advocate on your behalf.
6. Pre-Trial Hearings and Discovery
Following the arraignment, your attorney will request “discovery” from the prosecution, which includes police reports, test results and video footage. Your lawyer will review this evidence to identify weaknesses in the state’s case. There may be several pre-trial hearings where your attorney can file motions to suppress evidence or negotiate a plea agreement with the prosecutor.
7. Trial or Resolution
If a plea agreement cannot be reached, your case will proceed to trial. At trial, the prosecution must prove your guilt beyond a reasonable doubt. Your attorney will present evidence, cross-examine witnesses and argue on your behalf. If you are found not guilty, the charges will be dismissed. If you are convicted, the judge will determine your sentence.
Protect Your Future with Barry Hogen Law
A DWI conviction can have lasting consequences on your life. Do not navigate this complex process alone. Contact Barry Hogen Law today for a free consultation. We will review your case, explain your options and fight to protect your rights and your driving privileges.
