Minnesota DWI Process - MN Criminal Court

Following a DWI arrest in Minnesota, criminal charges will be filed. Listed below is a brief outline of what to expect in a criminal DWI case in Minnesota. Each case is unique, however, and the process may differ on a case-by-case basis. For example, those charged with a felony DWI offense will have more court hearings than those charged with a misdemeanor. If you have been arrested for DWI consult with an attorney immediately to ensure that the proper steps are taken during each step of the criminal process.

RELEASE FROM CUSTODY - Following a DWI arrest in Minnesota, most suspects are released on their own recognisance with a promise to appear in court. Some DWI offenders may be required to post a bond before release. DWI defendants who are unable to post bond and who are not eligible for release are held in custody until the time of their arraignment. The existence of aggravating factors affect a person's eligibility for release.

ARRAIGNMENT - The first court appearance following your DWI arrest in Minnesota is called your Arraignment. At this hearing, you will go before a judge who will formally read you the charges that have been filed against you. You will be asked to enter a plea.  If you enter a plea of guilty, the judge will impose a sentence. If you plead not guilty, the case will be set for a pre-trial conference.

PRETRIAL CONFERENCE - The next court appearance following the arraignment is called a pretrial conference. This hearing serves as an opportunity to update the judge on the progression of your case. Issues with scheduling and discovery may be discussed and resolved at this time. The prosecutor may propose an offer of a plea agreement. If you wish to accept the plea arrangement the state has offered, the judge will formally enter your plea on the record. If no plea agreement is reached, the case will proceed to trial.

PRETRIAL MOTIONS - Any defense motions that are filed will be discussed at pretrial motion hearings. If there is evidence that your attorney wishes to attempt to suppress, such as chemical test results, he/she will file a motion to suppress and argue it before the court. At this hearing, your attorney may cross-examine the police officers and witnesses involved in your case, and expert witnesses may be called to testify as well. If a motion to suppress is granted, the evidence will not be admissible against you at your trial. It is not uncommon for the prosecutor to offer a plea following a successful motion hearing. 

TRIAL - Most cases typically are resolved prior to trial. If your case proceeds all the way to trial, it will be before a panel of 6 jurors. The firs step that occurs in a DWI trial is jury selection. Then both the prosecutor and defense will give opening arguments. The state is the first to present its case. The prosecutor has the burden of proving each element of your charge beyond a reasonable doubt. During the state's case, the prosecutor will present evidence and call witnesses, which your attorney may cross-examine. Following the close of the state's case is the defense. If you and your attorney decide to present a defense, witnesses, including experts, may be called to testify about your case. Whether to present a case, and whether or not you the defendant will testify are strategic decisions that must be carefully discussed with your attorney. Finally, closing arguments are given by each side. After the jury has been instructed by the judge, they will return to the jury room to deliberate. If a verdict of not guilty is reached, your charges will be dismissed. If the jury returns a guilty verdict, your case will be set for sentencing.

APPEAL - Following a guilty verdict for DWI charge in Minnesota, you have a right to file an appeal. You must do so timely, however, as failure to file a request for an appeal timely will be considered a waiver of your right to appeal.