After being arrested and booked for a Minnesota DWI, most drunk drivers’ immediate concern is: when am I going to be released from custody?
When a Minnesota DWI offender is released depends largely on the level of the drunk driving offense. Generally, a first time DWI offender will be released from custody and given a court date. For higher level drunk driving offenses, like gross misdemeanors and felonies, Minnesota DWI law mandates certain conditions of release.
Mandatory Bail
Mandatory bail and conditions of release provisions affect the following persons arrested for a Minnesota DWI:
- Minnesota drunk drivers with a blood alcohol concentration of .16 or above
- An offender who had a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender
- DWI offenders who have had their driving privileges cancelled as inimical to public safety
- The Minnesota drunk driver who is under the age of 19 and has a previous DWI conviction within the past 10 years
- A person who is arrested for DWI and has two or more prior convictions within the past ten years
If a drunk driver’s situation falls into one of the above categories, a Minnesota criminal court must release the drunk driver from custody under specific conditions. The Court may release the Minnesota DWI offender on maximum bail, which is defined as quadruple the highest fine that may be imposed for the offense ($12,000 for gross misdemeanors and $56,000 for felonies).
Instead of ordering maximum bail, the court could order the offender to submit to intensive electronic alcohol monitoring. Should the drunk driver opt for a program of alcohol monitoring, they will be ordered to abstain from alcohol consumption and must submit to a program of electronic alcohol monitoring that involves multiple daily measurements of their blood alcohol concentration. The costs associated with alcohol monitoring usually amount to $12-$15 per day for the duration of the DWI offender’s criminal case.
Minnesota DWI Lawyers.
Felony Charges
If a person is charged with a felony first degree DWI, Minnesota law provides for significantly stricter conditions of release. The DWI offender could be ordered to post maximum bail of $56,000. In lieu of bail, the conditions of release would include all of the following:
- Abstaining from alcohol and controlled substances and submitting to random weekly alcohol tests
- Submitting to daily electronic alcohol monitoring
- Impoundment of registration plates of the vehicle used to commit the offense
- Weekly reports to probation agent
- And, if convicted, the offender must reimburse the county for the total cost of these services
Twin Cities DWI Attorney
No matter what you are charged with, a skilled Minnesota DWI lawyer can help negotiate the terms of your release. The legal system is a complicated maze. A criminal defense attorney can guide you through the twists and turns and ensure that your case ends favorably.
