Tag: DWI Bail

Here is part II of our discussion of Minnesota DWI bail in Misdemeanor DWI’s, Gross Misdemeanor DWI’s and Minnesota Felony DWI’s: 3rd Degree DWI: 3rd Degree DWI is a gross misdemeanor. 3rd Degree DWI occurs when one (1) aggravating factor is present.
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.
Even though it is the first appearance you will make in Court, a DWI bail hearing is one of the most important hearings in your Minnesota DWI criminal case. At your bail hearing, a Judge will determine what amount of bail and/or other Minnesota conditions of release (like alcohol monitoring) to impose upon you. You must post the amount of bail ordered by the Judge in order to be released from custody.