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Here, I will be explaining the steps that may occur during the whole DWI arrest process and the potential consequences after the arrest, from being booked to experiencing license issues, and how to prepare for the court processes to settle this case.
To begin this rabbit hole, let us pretend you are having some fun at a bar with a couple of friends on a Friday night, and you promised yourself, and even said out loud, that you were only going to have a few beers and then call it a night. “Nothing crazy,” you said.
Well, after you settle in at the bar, grab a beer, and the jukebox is playing alright music, your friends decide suddenly, “Let’s take a shot!” You think back to exactly 10 minutes ago when you promised yourself you were not going to do anything crazy. Well, one shot shouldn’t hurt, you tell yourself, so you agree. Things start to pick up, you are starting to have a good time, and suddenly you forget what time it is, and you lose count of how many drinks you have had.
The time is now 11:54 pm, and you close your tab with the bartender and ask her to give you a cup of water. This is a measly attempt to sober up for the ride home. You get into your car and leave the parking lot to make the journey back home.
On the way, you believe everything is fine, but then all of a sudden your heart drops, sirens blare, and you see the red and blue lights from your side and rear-view mirror. You are getting pulled over. You signal, pull to the side of the road, and come to a stop. What happens next will shape the rest of your case. Here is how a typical DWI arrest unfolds from this point on.
Your heart is pounding out of your chest. The officer approaches the driver’s side window with a flashlight. You roll down your window, “How’s your night? Do you know why I pulled you over?”
You’re understandably nervous, maybe you slur your speech a little, “I don’t know, officer, maybe I was going a little too fast there, couldn’t have been by much.” The officer notes the smell of alcohol from who knows how many drinks you’ve had based on the expression on his face, his nose wrinkled up, and eyebrow raised. “The reason I pulled you over was because you missed that stop sign coming around the corner there. You should be more careful. I am going to need to see your license, registration, and proof of insurance, please. Have you had anything to drink tonight?”
(Tip: Anything you say during a traffic stop can be used against you. Like admitting to potentially going over the speed limit. It’s okay to be polite and cooperative, but you do not have to answer questions like “Have you been drinking?” or “Do you know why I pulled you over?” If you’re unsure what to say, you can respond with: “With all due respect, I’d rather not answer any questions without an attorney present.”)
The officer goes back to his vehicle to run your information to make sure everything is up to date and in order, but now, after catching a big whiff from you earlier, he suspects you may be impaired and unable to drive.
To be sure, he asks you to step out of the vehicle to conduct a Standardized Field Sobriety Test. It is at this point that the officer is building his case against you. Usually, the test is designed for you to fail. But it is designed to assess your coordination, balance, and ability to follow directions. This test includes Horizontal Gaze Nystagmus (eye movement), walk and turn, and one-leg stand. After you think you did a decent job, the officer continues his search and asks you to do a Preliminary Breath Test (PBT). It’s a handheld device to check your blood alcohol content.
(Tip: You have the right to refuse these field sobriety tests on the side of the road in Minnesota without facing criminal charges; however, a refusal can still be used against you in a court and can raise further suspicion.)
After completing the PBT, you notice some numbers pop up on the green screen, and before you can ask anything about it, the officer tells you that you’ll be placed under arrest, so he handcuffs, searches, and transports you to the police station. You wonder what’s going to happen to your car, but he assures you that it’s being impounded and towed to a safe location.
Once you get to the station, the officer walks you through the booking process: fingerprints, takes your photo, and logs all your personal belongings. You are officially in police custody now.
After a few minutes, the officer reads to you something called the Implied Consent Advisory. This is a fancy way of saying that you are now legally required to take a chemical test. This test is usually a breath test, but sometimes, blood or urine chemical tests are used. He then asks you if you would like to speak with an attorney before making your decision.
(Tip: In Minnesota, you have the right to consult with an attorney before deciding whether to take the chemical test. That means you will be given a phone call and about 15 to 30 minutes to try calling a lawyer or someone who can help you.)
Unfortunately, you waste your one call trying to reach that girl from the bar. The one who gave you her number on a crumpled-up napkin. No answer. So, with a heavy sigh, you decide to just go ahead with the test.
The test result came back: 0.13 percent. That is well above the Minnesota legal limit of 0.08. You are officially facing a DWI charge. Next, the officer lets you know what is going to happen, and you will either be: Released to a sober person who can come pick you up, or two, held in custody until you are sober or can see a judge.
(Note: If there are no aggravating factors, the BAC is under 0.16 percent, and it is a first-time, nonviolent DWI arrest, you can be released without bail on your own recognizance (ROR), but the court can impose conditions later.)
It is also common practice for law enforcement to just give you a citation after booking, with your next court hearing date.
(If you are not so lucky, a conditional release and even a small bail amount can be set for release, or if you are in custody and do not post bail, you would go in front of a judge for a bail hearing within 36–48 hours.)
Then comes the next blow to your night. You are given a notice of revocation. This means that your driver’s license is being suspended for a duration of time, depending on multiple factors like BAC level, aggravating factors, and number of offenses, to determine how long the revocation period is. This notice is effective immediately, but in the meantime, you are given a temporary license that is only good for seven days.
(Note: It is not uncommon for an officer to snip or cut the corner of your driver’s license to indicate that it is no longer valid, so do not be surprised if this happens)
There are a couple of options going forward. You have the right to either challenge the revocation by requesting an implied consent hearing, but you only have 30 days from the date of the revocation notice to do this. However, this license issue is a separate battle from your criminal charges and goes through a civil court process with a separate hearing and focuses solely on driver’s license revocation (Attorneys typically work with both criminal and civil cases simultaneously.)
(Note: The petition for the implied consent hearing must include specific legal grounds, e.g., unlawful stop, faulty test procedure, etc. You also cannot miss the 30-day deadline, otherwise you lose your right to challenge the revocation.
It is possible to win your criminal case but still lose your license if you lose on the civil side of things.)
| Conditions | BAC Test Results | Period of Revocation | Eligibility for a limited or restricted license |
| First Offense | Between .08 and .15 | 90 days (can be reduced to 30 days with a guilty plea) | Limited after 15 days |
| First Offense | Over .16 or test refusal | At least 1 year | Only with ignition interlock |
| Second offense within 10 years | Between .08 and .15 | At least 1 year | Only with ignition interlock |
| Second offense within 10 years | Over .16 or test refusal | At least 2 years | Only with ignition interlock |
| Third offense | All | At least 3 years (license canceled) | Only with ignition interlock |
| Fourth or more offenses | All | At least 6 years (license canceled) | Only with ignition interlock |
If you decide not to challenge the revocation, you cannot legally drive unless, going forward, you apply for limited driving privileges, also known as a work permit, and, depending on court decisions, be required to enroll in the Ignition Interlock Device program (IID).
(Note: If required to get an Ignition Interlock Device, it really depends on the BAC level as well as previous criminal or driving history, any test refusals, or being under twenty-one at the time of the offense.)
To apply for the limited driving privileges or work permit, you must first wait for the 15-day wait period, also known as the blackout period, which starts 7 days post-revocation or 15 days after the 7-day temporary license expires.
(Note: There may be other qualifications needed to apply for the work permit, like a $680 fee for reinstatement, passing a brief written test, and surrendering your revoked license.)
The work permit allows you to only drive for narrowly defined purposes, like:
If your BAC was 0.16 percent or above, you refused a test, or you are a repeat offender within an amount of time, a limited license is not available unless you go through the ignition interlock device program.
Once your license is revoked, to get your license back after the period, you must complete reinstatement requirements like paying any fees, completing any mandatory DWI programs, signing up for SR-22 insurance, serving time if necessary, and any additional requirements ordered to get your license back.
These penalties are determined at The Minnesota District Court, and everything officially begins at your first court appearance, also known as an arraignment. During this hearing, the judge will want to confirm your identity, read and explain your rights, and read the charges against you. Depending on the circumstances, those charges can range from a misdemeanor to a gross misdemeanor DWI, and in more serious cases, even up to a felony.
The judge will ask whether you wish to plead guilty, not guilty, or no contest, and may address bail or conditions of release, along with scheduling any future court dates if necessary.
If you have not hired an attorney by this point, you will be reminded of your right to have one at your next court date. Depending on your financial situation, you will have the option to either apply for a public defender (if you qualify based on income) or hire a private attorney.
(Note: Most people plead not guilty and move forward with the process while their attorney negotiates with the prosecutor to try and produce a plea deal to negotiate for reduced charges and avoid going to trial.
It is important to remember that this is not the time to explain your side of the story or try to defend what happened that Friday night. That comes later, after evidence is reviewed and there has been time to build a case.
It is also important to dress accordingly. The courtroom is a formal setting, and attire plays a huge role in demonstrating that you are serious about the matter.)
Once your arraignment is done, things start to feel a bit more real. You have now got a case officially opened against you. The judge may have imposed some release conditions like no drinking, no new offenses, alcohol monitoring, and check-ins, and you are very much expected to stay on top of your next court dates from here on out.
Next, the case will enter what is called the pre-trial phase. This is where a lot of legal work begins behind the scenes and is done by the attorney. This does not mean a trial is guaranteed. In fact, most DWI cases are solved before trial. But this is where the attorney starts doing the heavy lifting.
This is the time for your legal team to really dig into the case and begin making moves that could either reduce the charges, throw out certain evidence, or even get a case dismissed. Here is what typically happens. The attorney will:
A lot happens during this pre-trial phase to really try to find the best possible outcome for the defendant. At this stage, the attorney will take the time to talk about strategy with the defendant and whether to challenge if the stop was legal.
Questions that might answer that for the defendant are: Did I really run that stop sign? Was there actually probable cause for the officer to believe I was under the influence? Were my rights violated? Was the breath test even accurate? Is the prosecutor offering any kind of plea bargain? Do we negotiate or take this all the way to trial? Amongst other things.
(Note: Being completely honest with your attorney about everything is especially important. Your conversations are protected. The more they know, the better they can defend you.)
During this pre-trial phase, there are usually pre-trial hearings where the attorneys appear in court to negotiate with the prosecutor, argue any motions, share evidence, update the judge on case progress, and, if no deal is met, possibly to set a trial date when everyone in that room is available.
(Note: the defendant is usually not required to appear at these pre-trial hearings, but the attorney keeps them in the know.)
Common plea bargains include reduced charges—your charge might be amended to something like careless driving or reckless driving—agreeing to certain conditions like probation or alcohol education/treatment programs, less or no jail time, community service hours, work release or weekend jail, electronic home monitoring, shorter revocation periods, ignition interlock requirements, lower fines, or outright avoiding a criminal conviction altogether, etc.
If your case does not get resolved through a plea deal or dismissed by the judge during the pre-trial phase, then the next step is trial. Just because a trial is on the table does not mean you will end up there, but a lot can still happen before it gets that far.
If it does get that far, evidence and witnesses might be called, video footage will be played, and arguments from both sides will be presented in front of a judge or jury.
Your lawyer will typically walk you through how to prepare, what to say or what not to say, and how to present yourself in court.
(Note: Again, it is important to show up on time, dress appropriately, and take it seriously.)
If found guilty or if a plea deal were taken, the next step would be sentencing. The judge will decide your penalties based on a bunch of factors, and your attorney may be able to argue for lighter consequences, alternatives to jail, or credit for time already served, including lighter fees, etc.
If you disagree with the outcome of your case, whether it is the verdict or the sentence handed down, you still have one more card you can play by filing an appeal to the Minnesota Court of Appeals. The notice of appeal needs to be filed within 90 days of sentencing or less, followed by a written argument called “briefs” from both sides (you and the state). The process is slow, can take months, and is typically done by a specialized appellate attorney.
(Note: This is not a do-over of your trial or a chance to present new evidence or reargue your story; it’s a legal review of what happened in court to see if there were any legal mistakes that could’ve unfairly affected the outcome of your case.
Appeals are highly technical, and success rates are typically exceptionally low unless there is a strong legal argument.)
Once sentencing is complete and all is said and done—time, fees, probation, treatment requirements, etc., are fulfilled—that does not mean it is the end of the road. Being convicted of a DWI can stay on your record and affect jobs, housing, and insurance rates.
In Minnesota, depending on the level of your offense and how much time passes, there is eligibility to petition for an expungement. This process, if granted, seals your criminal records from public view, meaning employers and landlords will not be able to see them on background checks.
The expungement process requires filing a petition, notifying all relevant parties like the prosecutor and state agencies, and usually scheduling and attending a court hearing where a judge decides whether granting the expenditure is in the public’s best interest and your rehabilitation is evident.
(Note: If the expungement is granted, law enforcement and courts may still have access to the sealed record, but it will not appear on standard public background checks)
What started as just another fun Friday night turned into something more serious. Hopefully, this guide helped clear things up and gave you a better idea of what lies next and how to navigate it with confidence.
At BK Law Group, we are not here to judge. We are here to protect your rights, stand by your side, guide you through the legal system, and fight for the best possible outcome. Contact us today for skilled legal guidance.
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