Minnesota DWI Charges and Pretrial Stipulations
There are several methods an arresting officer can use when formally charging a driver with a DWI violation. These include citations, tab charges, and prosecutor complaints. Individuals who have been convicted of DWI violations in the past may also be subject to mandatory arrests, holds, and pretrial stipulations.
Minnesota DUI Laws and Charges
An officer may, if he chooses, charge you with a DWI violation by writing a simple citation. A citation is rarely used and, if it is used, may only apply to misdemeanor charges. Most officers will use tab charges, which involve booking a person into prison and charging them at the same time or having a prosecutor prepare a formal complaint subsequent to an individual's arrest.
If an individual accused of a DWI violation submits to a blood or urine test instead of a breath test he will usually be booked on tab charges and held in prison until the results of the test are returned. In many cases the tests are not complete before the accused individual's first court hearing. If this is the case the prosecutor will request continuation of the charges, holding the accused in jail until the tests results are returned and the next hearing is scheduled. Individuals who submit to breathalyzer tests are often allowed to post bail (set up to $12,000) and are released pending their first trial.
Minnesota DWI Laws and Mandatory Prison Holds
According to Minnesota DWI law, anyone who is arrested for a 1st degree felony or 2nd degree DWI violation must be arrested and detained until the time of his first hearing. During that hearing the judge will set bail and any other release conditions they deem necessary.
If accused of certain offenses, anyone who is released will be required to agree to abstain from alcohol and must also wear a REAM (alcohol monitoring) device. These offenses include a third DWI violation, a third implied consent violation, a second DWI violation if the driver is under the age of 19, any violation including an already suspended license, and any Minnesota DWI violation that involves a blood alcohol level of .2 or higher.
Additional Minnesota DWI Penalties
The state of Minnesota may impose additional penalties upon individuals accused of DWI violations who are released from prison pending trial. These include the impoundment of the driver's vehicle, weekly probation reporting, periodic blood or urine tests, and a mandate stipulating that the driver must reimburse the court for these services if convicted.
Contact a Minnesota DWI attorney immediately upon your arrest for a DWI or DUI violation. He will be able to help you negotiate the terms of your release and possibly reduce or eliminate your charges altogether.
