Minnesota DWI Attorney

When a person is arrested for a first-degree or second-degree DUI, the person must be taken into custody and detained until their first court appearance, at which time the court generally sets bail and specifies conditions of release.

A person charged with any of the following offenses may be granted pretrial release from detention, but only if the person agrees to abstain from alcohol and to submit to remote electronic alcohol monitoring (REAM) involving at least daily breath-alcohol measurements:

  • A third implied consent or DWI violation within ten years;
  • A second violation, if under 19 years of age;
  • A violation while already cancelled as inimical to public safety for a prior violation; or
  • A violation involving an alcohol concentration of .20 or more.

Conditions of Release

Further conditions apply to a person charged with a fourth or more violation within ten years, including:

  • Impoundment of the vehicle registration plates, or impoundment of the off-road recreational vehicle or motorboat itself, if one was being driven;
  • A requirement for reporting at least weekly to a probation officer, involving random breath alcohol testing and/or urinalysis; and
  • A requirement to reimburse the court for these services upon conviction for the crime.

Chemical Dependency Assessment

Every person convicted of DUI or a reduced charge must submit to a chemical use assessment administered by the county prior to sentencing. The court must order the person to submit to the level of care recommended by the assessment, if the conviction is for a repeat offense within ten years or the conviction was for DWI with a blood alcohol content of .20 or more.

Mandatory Minimum Sentences

Upon conviction for DUI, repeat offenders are subject to the following mandatory minimum criminal penalties:

  • Second DWI offense within ten years: 30 days incarceration, at least 48 hours of which must be served in jail/workhouse, with eight hours of community work service for each day less than 30 served;
  • Third DWI offense within ten years: 90 days incarceration, at least 30 days of which must be served consecutively in a local jail/workhouse;
  • Fourth DWI offense within ten years: 180 days of incarceration, at least 30 days of which must be served consecutively in a local jail/workhouse;
  • Fifth DWI offense within ten years: One year of incarceration, at least 60 days of which must be served consecutively in a local jail/workhouse

For all repeat offenders, the court may order that the person spend the remainder (non-jail portion) of the mandatory minimum sentence under REAM or on home detention.