When you are battling a Driving While Impaired (DWI) charge, you will need to appear at an arraignment. This is your first formal appearance before a judge and knowing what comes next can help ease your anxieties about the process.
Navigating the arraignment process
As mentioned, this process is usually your first scheduled court hearing if the police have arrested you for a DWI. This appearance generally takes place within 36 hours of your arrest, excluding the day of arrest, Sundays and legal holidays. If law enforcement released you, then the appearance might take several weeks.
During your initial hearing, a judge reads the formal charges against you. For a misdemeanor DWI, the judge will typically ask how you wish to plead at this stage; however, for more serious gross misdemeanor or felony DWI charges, you will usually wait to enter a plea at a subsequent court date.
The court also confirms that you understand the charges and the range of penalties you face. Under Minnesota law, DWI offenses range from fourth-degree misdemeanors to first-degree felonies. The charge level depends on factors such prior convictions within a 10-year period or a blood alcohol level of 0.16 or higher.
Understanding bail and conditions of release
During your initial hearing, the judge decides whether to set bail and what conditions to place on your release. Bail amounts in Minnesota DWI cases depend on the severity of the charge, your criminal history and whether the court views you as a flight risk.
For a first-time misdemeanor DWI, the court may release you on your own recognizance without requiring a cash bail amount. More serious charges, particularly felony-level offenses involving multiple prior convictions, often involve higher bail and stricter oversight.
Aside from bail, other terms that the court can set include abstaining from alcohol and controlled substances for the duration of the case and installing an ignition interlock device on your vehicle. Violating these requirements can lead to the revocation of your release, the forfeiture of your bail and a return to custody
Protecting your rights through legal counsel
Having legal counsel at the arraignment allows someone to speak on your behalf during bail negotiations and release condition discussions. An attorney can also review the strength of the case against you and advise you on likely outcomes.
