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If you or a loved one was arrested for a DWI, you may be wondering what happens after a DWI arrest in Minnesota. We encourage you to schedule a consultation with our team to learn more about the charges you are facing and explore potential legal options.
Arrests for DWIs begin with a traffic stop by law enforcement, typically when officers suspect you of being impaired while operating a motor vehicle.
During these traffic stops and after suspicion, they may ask you to take a field sobriety test and a preliminary breath test (PBT). If you fail these tests or refuse them, you will likely be arrested.
After being arrested and transported to a station, officers will take your fingerprints, mugshot, and ask questions about your identity to link you to the offense.
They will also conduct a more official sobriety test (breath, urine, or blood) to determine your alcohol concentration (BAC).
You are held in custody until sober, or until you can post bail or be released on your own recognizance.
Sometimes, you may be held until you are able to be seen by a judge within 36-48 hours, though some days (like weekends or holidays) are excluded from the count. This usually occurs when there are aggravating factors or higher BAC levels.
Because of Minnesota’s implied consent law, if you deny chemical testing after arrest or test over the legal BAC limit of 0.08 percent, you will be issued a notice of revocation.
This notice suspends your driver’s license for a period of time; the length varies depending on multiple factors like BAC level, aggravating factors, and previous offenses.
After the notice of revocation, you will be issued a temporary license that is only good for seven days.
You have the right to challenge the revocation by requesting an implied consent hearing in civil court. However, you will only have 30 days from the date of the revocation notice to do this.
If you decide not to challenge the revocation, you will not be legally allowed to drive unless you apply for a limited driving privilege permit.
If you have a high BAC test result or multiple offenses, you may also be required to have an ignition interlock device (IID) to be legally allowed to drive.
After your arrest, your vehicle might get impounded. This means that the vehicle is towed and stored at a licensed impound lot.
The legal owner must show proof of insurance, ID, and vehicle title. Towing and storage fees must also be paid, and the longer the car sits, the more fees will accumulate.
If the car is not claimed on time, the vehicle may be subject to forfeiture, leading to an auction or disposal of the vehicle. If forfeited, you will not receive any compensation.
In very serious cases, you may lose the vehicle entirely. Some of these cases include:
Once you are served with a notice of seizure and intent to forfeit, you have the opportunity to file a forfeiture challenge within 60 days with the district court.
If you don’t file within the 60-day period, the vehicle becomes automatically forfeited, and the state is legally allowed to auction or dispose of it after that period.
A license plate impoundment order will either be issued at the time of the offense or sent via mail soon thereafter.
You may also need to surrender any other plates owned, registered, or leased in the name of the violator. This includes jointly owned vehicles, and the surrender must be completed within seven days of the order.
This is to give enough time to move the vehicle to a safe place off the road or until special registration plates with the W are received.
If the owner was not the violator, they have the right at any time during the revocation period to request an administrative review for the impoundment.
Once the case is filed, you will receive a formal complaint that outlines the charges against you. The severity of a DWI charge depends on several factors.
You will receive notice to appear in court at some point during the process, whether that’s after being released on the paper citation, summons, or in a letter by mail. It should list the county, court location, date, and the time of your arraignment.
Your first court appearance is called the arraignment. The judge will confirm your identity, formally tell you about the charges against you, read out loud your legal rights, and ask you to plead. The judge may also impose conditions for your release.
If you haven’t hired an attorney yet, now is a suitable time to do so. An experienced lawyer can make an enormous difference in the outcome of your case.
They can help you understand your rights, the charges against you, and walk you through each step of the court process. This includes investigation and mitigation, especially if you hire one early, even before formal charges are filed.
A good attorney will advocate for the best possible result, whether that means getting charges reduced, negotiating a plea deal, or fighting the case at trial.
You have the right to an attorney, and there are options to request a public defender during your first hearing if you qualify.
Once you enter a not guilty plea, the case moves into the pre-trial phase. This is where a lot of behind-the-scenes work happens. It entails reviewing all the evidence, looking for any flaws in the case, and filing pre-trial motions, which are legal requests to the judge on your behalf to help your case.
At the same time, the attorney will be in contact with the prosecutor to try to negotiate a resolution, like a plea bargain that might help avoid trial and reduce charges or penalties.
Many of these plea bargains come with conditions, such as treatment or monitoring requirements.
If the case is not resolved in the pre-trial phase, it moves forward to trial. You get the choice of whether to have a jury trial or bench trial.
At trial, the prosecutor will present their case, and they will try to prove beyond a reasonable doubt that you were the one driving while impaired. The attorney’s job is to challenge the evidence, cross-examine witnesses, and present any defenses you may have.
If you accept a plea agreement or are found guilty at trial, the judge will determine your sentence and penalties. The attorney can advocate for you to try to reduce any penalties and request any viable alternative sentencing options.
After your license is revoked, there are several steps you will need to take. Requirements may vary depending on your case, but include:
We can help you with this and ensure you avoid costly mistakes.
Even after completing everything, you may have the option to petition for expungement. This seals your criminal record from public view. Eligibility depends on the level of the offense and how much time has passed since the sentence was completed. Most cases must wait 2 to 4 years before applying.
Navigating a DWI case can be stressful, but understanding the process and knowing your rights is the first step towards taking control of your future. If you still have questions about what happens after a DWI arrest in Minnesota, contact us today.
Copyright ©2025 BK Law Group, LLC. All rights reserved.