What Happens After A Dwi Arrest In Minnesota?

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What Happens After A Dwi Arrest In Minnesota?

Motor Vehicle Hearing: To preserve your right to drive in Minnesota, you must request a hearing within 30 days after your license has been taken from you by an officer or within the time set by the Department of Public Safety in a revocation letter. A hearing must be initially scheduled within 60 days. (In Hennepin County, if you had a valid license when stopped, you may qualify for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. You can plan on at least 45 days of driving.) If you lose at the hearing, your license revocation will remain on your record. It is our opinion you should demand the officer's presence at the hearing. Crucial defenses can be developed at the hearing.
Arraignment: This is the date on your ticket, about 30 to 60 days after your arrest. If you have an attorney, you may not have to appear. It is primarily for advisement of rights. If you have an attorney, he will advise you outside of court.
Pretrial Conference: Your attorney will discuss your case with the Prosecutor and negotiate the best possible plea bargain. It will happen about 6 weeks after arraignment. This is usually after the Motor Vehicle Hearing. The date is set by the Court and your attorney on his calendar.
Suppression Hearing: The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. I will file motions to suppress. It usually occurs anywhere 6 weeks to 3 months after the pretrial conference.
Trial: You are entitled to a trial to a jury of six. In some cases, it may be beneficial to have a trial in front of a judge in a court trial.
Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, community work service, alcohol classes and fines.

Other Minnesota Drunk Driving Defense FAQs

Q: What Are The Dwi Laws In Minnesota?
A: Minnesota's statutes regarding DWI offenses were redrafted and went into effect January 1, 2001. The new code includes aggravating factors that, if found to exist, may … More
Q: What Is A First Degree Dwi?
A: A first degree DWI is charged if there are two or more aggravating factors. Aggravating factors may include: A prior impaired driving incident within a 10 year … More
Q: What Is A Second Degree Dwi ?
A: A second degree DWI is charged if there is one aggravating factor. Aggravating factors may include: A prior impaired driving incident within a 10 year period (this … More
Q: What Is A Third Degree Dwi?
A: A third degree DWI is charged if there are no aggravating factors. A third degree offense is a misdemeanor punishable by up to 90 days in jail and a $1,000 fine.
Q: What Are The Mandatory Sentences?
A: The new DWI statute also includes mandatory sentences for repeat offenders. 2nd DWI 30 days executed jail … More
Q: What Is A Vehicle Forfeiture?
A: The State may seek to retain the vehicle of a driver convicted of a DWI if: The new DWI violation occurs within 10 years of 2 or more prior impaired driving … More
Q: What About Driver License Suspensions/Revocations?
A: As previously stated, a DWI may have civil penalties in addition to the criminal penalties. Civil penalties included license revocations. Minnesota Statutes empower … More
Q: How Can I Reinstat E My Driving Privileges?
A: To reinstate your driving privileges, you will have to jump through a number of administrative hoops. You will be required to pay additional fees on top of any fines … More
Q: What Are The Speed Limits In Minnesota?
A: Unless Otherwise Posted Absolute Interstate 70 mph Ltd Access Rds 65 mph Other Primary Rds 55 mph Residential 30 mph More
Q: How Are Speed Limits Enforced?
A: Enforced through use of: Pacing Yes Radar Yes Vascar Yes Photo Radar No Aircraft Yes Laser Yes More