DWI Bail in Minnesota–Part I

Unlike in federal criminal court, in Minnesota state court any person charged with a crime has a right to bail. A person cannot be held without bail on a new criminal charge; holding someone without bail can only occur after an individual is convicted. People who are alleged to have violated their probation can be held without bail, as can people who have (1) pled guilty or been found guilty by a jury and (2) are awaiting sentencing.

On DWI charges, bail will typically be set at the person’s first appearance. An exception occurs when someone is arrested on the weekend, hires an attorney, and the attorney convinces a Judge to set bail over the phone. “Weekend bail” is only available in certain counties. And even with weekend bail, the same maximum amounts and mandatory conditions apply.  Bail for a Minnesota DWI is dependent on the level of the charge and the nature of the offense. The nature of the offense is dependent on what Minnesota calls an “aggravating factor.” An “aggravating factor” is one of the following:

1. A prior conviction OR license revocation under implied consent laws within the past 10 years.

2. A child under the age of 16 in the vehicle when the offense occurs, if the child is more than 36 months younger than the offender.

3. A chemical test (breath, blood, or urine) with a result of .20 or more.

4. Refusing to submit to a test.

Minnesota DWI bail is then set as follows:

4th Degree DWI:

4th Degree DWI is a misdemeanor. 4th degree DWI occurs when the offender is charged with a  DWI and zero (0) aggravating factors are present. The maximum amount of bail that may be set for a 4th degree DWI is $4,000. There are no mandatory conditions associated with an offender’s release on his own recognizance. Most counties in the metro area will release an individual charged with 4th Degree DWI without bail and without any monitoring. Some outstate counties will require monetary bail, usually in the amount of $1,000, to obtain release without conditions. The outstate counties will allow a person to be released without bail if they promise to go on an alcohol monitoring program. If you need bail set for a friend or family member, call an Experienced, Knowlegeable DWI Defense Attorney Right away at 952-913-1421.

In our next blog post tomorrow, we will discuss DWI bail in 3rd degree DWI, 2nd degree DWI and 1st Degree Felony DWI.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.