In the state of Minnesota, charges are filed against the accused succeeding a DWI arrest. The DWI court process varies, depending on the charges filed. In heavier chargers such as a felony or misdemeanor, more court hearings are often required. Here is an overview of the various stages of a typical DWI court process in Minnesota.

Custody

In Minnesota, you will likely be held in custody if you are arrested for a gross misdemeanor or a felony level DWI. A judge determines whether there is probable cause to continue your detention within 48 hours of the arrest.

The prosecutor has 36 hours to charge you with a crime and take you to the judge for your initial appearance. At this point, the judge sets conditions of your release prior to the trial. The 36-hour timeframe do not include the day you were arrested, weekends, and legal holidays.

Release from custody

Your release from custody depends on the various factors involved in your DWI case. You may be asked to post a bail bond before release, or may be released with a promise to appear in court. If you are unable to post a bail bond, you will be held in custody until your arraignment.

Arraignment

The arraignment follows about 30 to 60 days after the DWI arrest. It is your first court appearance, although your appearance may not be required should you have a DWI lawyer and if your charge is a misdemeanor.

In cases on a misdemeanor level, you will need to enter a plea. If you enter a “not guilty” plea, a pre-trial conference will be set. If a “guilty” plea is entered, a sentence is then imposed.

Pre-trial conference

After the arraignment, your next court appearance is the pre-trial conference. This is when the judge is updated on the progress of the DWI case. All issues regarding scheduling and discovery should be discussed and resolved.

During the pre-trial conference, the prosecutor may propose a plea bargain. If you accept the offer, the judge formally records your plea. If you have a DWI attorney, then he or she will discuss and negotiate with the prosecutor for the best possible plea bargain. If no plea agreement is reached, the case proceeds to trial.

Pre-trial motions

Filed defense motions are discussed at length in this hearing. Your DWI lawyer may choose to file a motion to suppress certain pieces of evidence against you before the court, such as your test results.

If the motion is granted by court, the suppressed evidence cannot be used against you during your DWI case trial. The prosecutor may also offer a plea agreement after the motion hearing.

Trial

Majority of all DWI defense cases in Minnesota are resolved before the actual trial. Should your case proceed to trial, however, you may be either tried before a jury of six members for either a gross misdemeanor or a misdemeanor case, or before a judge. If your case is a felony case, you will be tried before twelve jurors.

During your trial, both the prosecutor and defense will give their opening arguments. The prosecutor has the burden of proving your guilt beyond reasonable doubt, present evidence and calls witnesses against you. Your attorney cross-examines these witnesses. Both the prosecutor and defense then give their closing arguments. The judge asks the jury to deliberate in the jury room.

If the verdict is guilty, then sentencing will follow. If the verdict is not guilty, all charges against you will be dismissed.

Sentencing

During sentencing, your appearance is required. The court imposes your sentence, which may include jail time, fines, and various conditions of probation.

A capable DWI attorney may be able to negotiate an alternative sentence to jail time such as community work, electronic home monitoring, or house arrest.

Appeal

If you are found guilty for a DWI charge in Minnesota, you are allowed to file for an appeal. It is important, however, to file the appeal in a timely manner. Failure to file an appeal within a specific period of time results in your waiving your right to the appeal.

Hiring a DWI Attorney

Being charged with a DWI in Minnesota may require you to attend a large number of possible court appearances. It is important to have good legal representation, as you will have a higher chance of achieving a favorable outcome.

About the Author:

Douglas T. Kans is the founder of Kans Law Firm, LLC and has been practicing criminal law with a focus on DWI defense in the Twin Cities of Minnesota for the past 17 years