What Happens after a DWI arrest in Minnesota?
Implied Consent Hearing:
To preserve your right to drive in Minnesota after a DWI, 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.
If you lose at the hearing, your alcohol-related license
revocation will remain on your driving 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
the Court to advise you of your rights. If you have an attorney, he/she
will advise you outside of court.
Pre-trial 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 Implied Consent 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 pre-trial conference.
Trial:
You are entitled to a trial to a jury of six in misdemeanor and gross misdemeanor
cases; 12 in felony cases.. 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,
house arrest, community work service, alcohol classes and fines.
Arrested for DWI in Minnesota? Call me for a free Minnesota DWI legal
consultation at 612-334-3342.
Douglas V. Hazelton, Attorney at Law
Northland Plaza Bldg.,
Suite 1590
3800 American Boulevard
Bloomington, MN 55431
Phone: 612-334-3342
FAX: 952-543-3902
E-mail:dvhazelton@aol.com
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