What's Going to Happen to Me Following a First DWI?
If you're facing a Minnesota DUI for the first time, we understand you are probably nervous about things. We understand that everyone makes a mistake now and again. In our experience, drunk drivers fit no specific mold. We've represented teens, educated professionals, married couples and seniors who have had a few too many and get behind the wheel of a car. Heck, even the former head of the Twin Cities Metropolitan Council (and son of a former vice-president) Ted Mondale was charged with DWI in recent years. You're not a bad person, but you need to understand your rights and know what to expect.
You've probably been arrested, booked and released after some time in custody. Within a few days you can expect that the Minnesota Department of Public Safety will catch wind of the DUI charge and mail you a notice that your license will be suspended for 90 days as a result. The legitimacy of the DPS revoking a driver's license despite no criminal conviction has been tested time and again before at the Minnesota Supreme Court. Because a license is a privilage, not a right, the Commissioner can basically do as they wish. You are going to receive a seven day grace period and then you may not operate a motor vehicle for 90 days. After 15 days, you can seek a work permit or restricted license in the event that you are a college student, need to care for your family or for medical reasons. In some cases the revocation period will expire after 30 days, but only if a guilty plea is entered to the DWI charge in criminal court.
Aside from the revocation process, you will make an initial appearance in court. The judge will make sure that you understand what you are charged with, what your rights are and set conditions of your release. You will probably have to abstain from alcohol and possibily submit to blood alcohol tests as requested.
Several hearings preceed the trial. At those hearings, we deal with evidentiary issues and negotiate with the prosecutor to see if the case will be dismissed or the charges reduced. If we are unable to reach an acceptable plea agreement, a trial date will be set. Trials in a misdemeanor case occur before the Court or, if the Defendant wishes, to a jury of six.
If you plead guilty to drunk driving, or are found guilty of a DWI, sentencing is the final phase of the court process. You will likely undergo a chemical use assessment prior to sentencing and be ordered to comply with the assessor's recommendations. You will be sentenced to jail time, but most, if not all if it (if we are successful) will be stayed, as long as you remain law abiding and commit no same or similar offenses during your probationary period. In addition, you will probably have to attend alcoholics anonymous meetings or a MADD impact panel, attend an educational course about effects of alcohol on the body and pay a fine.
For the benefit of those who have been charged with a DUI in the Twin Cities or greater Minnesota, we have created the Minnesota DWI Blog. Detailed information pertaining exclusively to drunk driving issues is available for your review.
