Posting Bail For Dui In Minnesota
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FAQ
Minnesota Statute 169A. 44 sets maximum bail for a non-felony DWI at $12,000.00.
There are two ways you could see your case dismissed if you have been charged with a DWI in Minnesota. First, the prosecutor could opt to dismiss your case before it ever goes to trial. Second, the court could grant your motion to dismiss the case based on your defense strategy.
In Minnesota, DUI and DWI are equally severe. A DWI means driving with a BAC over 0.08. This is while a DUI means driving while impaired by alcohol. This is done without a specific BAC level being needed.
Judges consider 13 specific factors when choosing conditions of release. Those conditions include the nature of the crime charged, the person's ties to the community, the person's financial resources, and the safety of others.
Despite the severity rising with each additional aggravating factor, there is no mandatory jail time penalty for your first DUI. With that being said, the more serious the case, the more likely the State will seek jail or a jail alternative, such as house arrest or community work service, in plea negotiations.
The maximum mandatory bail for a 3rd or 2nd Degree DWI is $12,000.00. There is no maximum amount for a 1st Degree DWI – though, it can get into six-figures, depending on the circumstances, and conditions of release are also required (see below).
A first offense DWI will be a misdemeanor, and it will go up from there on subsequent offenses. Penalties can include, but are not limited to, license plate impoundment, driver's license revocation and vehicle forfeiture.
Under the DWI sentencing law at least 48 hours of the 30 day sentence must be served in custody (i.e. jail). The remaining 28 days of the mandatory minimum sentence may be served under an electronic home monitoring program. A third DWI offense within a ten year period is subject to a 90 day minimum sentence.
