Bloomington DUI Arraignment Process

If you were arrested for a DUI, an arraignment is one of the early steps you will need to go through. However, the Bloomington DUI arraignment process can feel overwhelming if you do not know what to expect. Hiring a knowledgeable DUI attorney as soon as possible after a DUI arrest is crucial. Your lawyer could advise you during pre-trial steps, like your arraignment, to help you make the best possible case.

What Happens During a DUI Arraignment?

An arraignment is the first time a person appears in court after being arrested. Usually, someone arrested for their first DUI does not need to post bail to be released from jail. However, if the person has previous DUI convictions or there were aggravating factors like having a child in the car or having a very high blood alcohol level, they will typically need to post bail and comply with other conditional release requirements. Arraignments usually take place between 30 and 60 days after a DUI arrest.

In Minnesota, an arraignment is also called a Rule 5 hearing. During this court appearance, the judge will officially tell the defendant the charges against them and explain their rights. These include the right to a jury trial, to be appointed a public defender if they cannot afford a private attorney, and to remain silent during questioning. The defendant can also enter a guilty or not guilty plea. In general, it is not recommended to plead guilty at an arraignment unless your attorney has advised otherwise. This is because a not guilty plea can be changed later on, giving the defendant and their legal counsel more time to review the evidence and build a defense case. In some cases, a lawyer is able to negotiate a reasonable plea deal early on, in which case accepting guilt at the arraignment makes sense. If you have any questions or concerns about the DUI arraignment process in Bloomington, our team is here to help.

What Are the Next Steps After an Arraignment?

The first appearance or Rule 5 hearing is usually combined with a Rule 8 hearing, especially for lower-degree misdemeanor DUIs. However, if it is not, the Rule 8 hearing will be the defendant’s next court appearance. According to Minnesota Rules of Criminal Procedure § 8, a Rule 8 hearing gives the defendant another opportunity to plead guilty or not guilty and reminds them of their rights. At this time, the prosecutor and defense lawyer will also decide whether to waive or schedule an Omnibus hearing. This type of hearing, defined under Minnesota Rules of Criminal Procedure § 11, allows the defendant’s attorney to address issues related to evidence, probable cause for the DUI arrest, and the admissibility of certain background information in trial.

According to state law, a person’s driver’s license will also be automatically revoked after a DUI arrest. This means the defendant will not have a valid license for their arraignment and other pre-trial hearings, so they will need to make other transportation arrangements to avoid penalties for driving with a suspended license.

A Bloomington lawyer could guide you through the DUI arraignment process and work toward the best possible outcome.

Learn More About the DUI Arraignment Process in Bloomington – Call Us Today

The Bloomington DUI arraignment process is complicated and has multiple steps. If you have been arrested for a DUI, hiring an attorney as soon as possible could help you avoid mistakes that could hurt your case. Your attorney could also make sure you know what to expect at your arraignment and any other mandatory court appearances. Reach out to BK Law Group today.