Navigating Your First Offense: The DUI Process in Minnesota
If you’ve been accused of driving while impaired, you may feel scared about what’s to come. What will the process be like? What should you expect as a sentence?
We’ve seen many cases, and we’re here to help. Here’s some key information that may help you face a first-time DUI in MN.
The Law on Drunk Driving in Minnesota
Under Minnesota Statute § 169A.20, it’s a crime for any person to operate a motor vehicle while under the influence of alcohol or any controlled substance. While many people call an impaired driving charge a “DUI,” Minnesota law actually uses the term “driving while impaired,” or DWI.
The legal limit for drunk driving is a blood alcohol concentration (BAC) of 0.08 or more, measured within two hours of the time you were driving. You can also face DUI charges for driving under the influence of marijuana, or if a blood test comes back positive for controlled substances (such as cocaine).
Consequences for impaired driving depend on the factors of your case. Generally, a first-time DUI/DWI offense with no aggravating factors is charged as fourth-degree driving while impaired. That’s a misdemeanor.
Consequences increase if aggravating factors are present. If you were very highly intoxicated or were driving on a revoked license, you could face more serious charges.
The DUI Process in Minnesota Begins With a Traffic Stop
The DUI process in Minnesota begins with an officer pulling you over. When this happens, they can conduct any number of field sobriety tests. The standard ones in Minnesota are:
- The horizontal gaze nystagmus, which checks for involuntary eye movement
- The one-leg stand, which checks your balance
- The walk and turn, which assesses your coordination
The officer may also ask you to blow into a handheld device to measure your BAC. This is known as a preliminary breath test (PBT), and it can only be used as evidence to support your initial arrest. It cannot be used to charge you.
You are not legally required to complete the field sobriety tests.
However, Minnesota has something called “implied consent.” This means that any person who chooses to operate a motor vehicle automatically consents to chemical testing (blood, breath and urine).
You are legally required to take blood, breath and urine tests after your arrest. These are usually taken at the station or at a hospital. Law enforcement will get a search warrant to administer blood and urine tests. Breath tests taken at this stage are called evidentiary breath tests (EBTs) and are admissible in court.
Defend Your First-Time DUI Case With Evidence
A first-time DUI in MN doesn’t necessarily lead to a conviction. Just because you’ve been arrested doesn’t mean you’ll be found guilty. Your criminal defense attorney can dismantle the prosecution’s case, and the traffic stop and arrest are often where they find the way to do so.
Under the law, every action taken during a traffic stop and arrest must be independently justified. If there was no justification for the officer’s actions, any evidence they collected through those actions may not be admissible in court. For example:
- Your attorney can review body camera and dashcam footage from your arrest. If the officer did not have a valid reason for pulling you over, all the evidence collected may be thrown out.
- The results of field sobriety tests may not stand up if the tests were found to be unjustly done.
- Blood, breath or urine test results may be thrown out if administered incorrectly.
The Next Steps in the DUI Process in Minnesota
After a DUI/DWI arrest, the accused person is usually released. First-time DUI MN offenders facing misdemeanor charges are generally released without bail. You would be free to go for now, but the DUI process in Minnesota involves many more steps.
Arraignment
The next step is to have your first court hearing after the arrest, known as an arraignment. At this hearing, the court will tell you about the charges you face and ask you how you plead.
If you plead guilty, you’ll get a sentence. If you plead not guilty, the court will schedule a pretrial hearing.
Pretrial Hearing
At the pretrial hearing, your attorney and the prosecutor will usually file pretrial motions. They’ll discuss the facts of your case and inform the judge of any new issues, like whether evidence against you may be inadmissible in court. In the best-case scenario, enough evidence is inadmissible that the prosecutor decides to drop the case.
Often, the defense attorney and the prosecution will discuss a plea deal during the pretrial hearing. Your DUI/DWI defense lawyer will help you think critically and weigh your options so you can make an informed decision that’s in your best long-term interests.
Trial
If the case proceeds, the court will schedule a trial date for a jury to hear your case. If it’s a first-time DUI case and a misdemeanor, the jury will usually be made up of six people. (Felony charges require a jury of 12 people.)
If you’re found guilty by a jury, you’ll then be sentenced. For a misdemeanor offense of fourth-degree driving while impaired, the maximum penalty would be up to 90 days in jail and a $1,000 fine. You’ll also have a chance to appeal the decision.
Protect Your Driver’s License After a First-Time DUI Arrest
After a DUI/DWI, navigating the criminal process is completely separate from the actions needed to protect your driver’s license.
You’ll receive a notice of revocation from the Minnesota Department of Public Safety soon after your arrest. The notice will inform you that your driver’s license is being revoked for a certain period of time, often 90 days for a first-time DUI offense.
You have 60 days from the date of your arrest to challenge the revocation. If you miss the deadline, your driver’s license will stay revoked for the entire 90-day period. After an arrest, pay close attention to your mail and take notices seriously.
Accused of a First-Time DUI in MN? Get Legal Help.
There’s a lot to remember about the DUI process in Minnesota, so it’s best to have an experienced professional by your side. Your criminal defense lawyer can answer all your questions and guide you through the process.
If you’re facing a first-time DUI in MN, you need an experienced lawyer. To schedule a criminal defense evaluation with the attorneys at White Luing Law, call us at 763-241-0477 or send us a message.
