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What Happens AfterA 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.

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