Aiden Belville
2 months ago
For many people, a traffic stop or arrest for driving under the influence (DUI) can be a stressful and even terrifying experience. Unfortunately, the arrest is only the start of a potentially long and complicated process in criminal court.
Each case is different, but an experienced DUI defense attorney could help you understand what to expect in the Minnesota DUI case process. If you are facing DUI charges, do not wait to discuss your case with an experienced lawyer at BK Law Group.
If an officer pulls you over and determines there is probable cause to believe you were driving while impaired, they will arrest you. The officer may ask you to undergo blood alcohol concentration (BAC) tests before or after the arrest, which usually include breath tests at the traffic stop or blood tests at the police station.
During this time, it is important to remember you have rights. You should expect Minnesota authorities to question you and try to gather evidence to build a DUI case against you, but you have the right to remain silent and to call a defense attorney. Never hesitate to politely yet clearly exercise these rights. Doing so can often help your case in the long run.
If the prosecutor reviews the arrest circumstances and decides there is sufficient evidence, they can issue charges of driving while impaired.
Your driving privileges are at risk when you face DUI accusations, even if you are not yet convicted. Knowing what to expect in the DUI case process can help you prepare for legal challenges like license revocation and administrative hearings in Minnesota.
If your BAC was over the legal limit, or you refused a breath test while suspected of driving under the influence, you may receive a Notice and Order of Revocation of your license in addition to a DUI charge. However, you still have the opportunity to protect your driver’s license.
You have 60 days from receiving this notice to request an administrative hearing regarding your driving privileges. Having an attorney by your side to help navigate this hearing can be crucial, so do not wait to seek legal representation.
DUI cases in Minnesota can involve several court appearances, and knowing what to expect at each stage is crucial. Having an attorney represent you throughout the process could ensure you obtain the best possible outcome. The initial appearance (also called an arraignment) involves the court notifying you of your rights and the charges filed against you. You then must enter your plea, which might be guilty, not guilty, or no contest.
You should avoid pleading guilty early in the process, and you should never plead guilty without the advice of a lawyer. If you plead not guilty under the counsel of your attorney, the criminal process will continue with the scheduling of your next court appearance. During subsequent hearings, your attorney might negotiate with the prosecutor, argue motions, or continue the case to gather more evidence.
In some cases, the prosecutor agrees to a favorable plea deal, which might include reducing your charges to reckless driving or requesting lesser penalties from the court. In this situation, you might decide to accept the deal and plead guilty. You would then have a plea hearing where the judge decides your sentence.
If you decide not to plead guilty to the DUI, you should expect your case to proceed to trial in Minnesota court, where you will have the opportunity to fight your charges. Your attorney could challenge the prosecution’s evidence and present your defenses. At the end of the trial, there will be either a guilty or not guilty verdict.
DUI cases are complicated, and you should never face this process alone. Without having skilled legal counsel to rely on, errors in your case could lead to an unnecessarily harsh sentence or even a wrongful conviction. Instead, contact our attorneys at BK Law Group to discuss what to expect in the Minnesota DUI case process. We are ready to review your charges during a free initial consultation.