What Happens After Your DWI Arrest in Minnesota (Part B)
The Suppression Hearing
If your defense lawyer believes that certain evidence should be suppressed, then he or she may request a suppression hearing. In Minnesota this is called an Omnibus Hearing. At this hearing, the court may suppress any evidence that was gathered in violation of your rights.
Your Minnesota DWI Trial
At trial, your lawyer will present your DWI defense, which may include challenging the state's evidence against you, and perhaps calling various witnesses or experts to testify on your behalf.
The defense arguments your attorney will choose for your trial will depend on the specific circumstances surrounding what occurred directly before, during, and after your arrest, so it is crucial that you be as honest and thorough as possible when working with your legal counsel.
Receiving a Sentence
If you accept a plea bargain, or if you are found guilty of a DWI, the court will hand down a sentence.
Your penalties for a DWI may include:
- fines and court costs
- suspension of your drivers' license
- house arrest
- jail time
- community work service; and/or
- alcohol education courses.
Once your sentence is handed down, you will have to successfully complete each of the court's orders. Your legal counsel can help further explain your responsibilities based on the specifics of your sentencing.
Driving After a DWI
Once you have been given notice of the revocation of your license, you may petition to get it back, but this must be done within 30 days from the notice of the revocation. The notice of revocation is generally at the time of the arrest, or once you have received a letter with the results of a blood or urine test. If you miss the 30-day time limit to petition for reinstatement, you will not have the opportunity to challenge the revocation of your license.
You may be eligible for a limited license to drive to and from work and/or post-secondary school. Your defense attorney can advise you how to go about applying for a limited license.
You may also be permitted to have an interlock system installed inside your vehicle. This system will allow you to maintain your driving privileges, as long as you blow into the mechanism and no alcohol is registered on your breath.
How Can a Lawyer Help?
After investigating your case, your DWI lawyer may discover several potential defenses against your DWI charges. For instance, perhaps there was some violation of your constitutional rights. If so, then a lawyer may convince a judge to dismiss your charge altogether. A qualified, experienced lawyer should have extensive experience with DWI law and understand how to mount a DWI defense for your specific charges.
Attorney Carolyn Agin Schmidt has the experience necessary to defend your rights against a alcohol and driving-related charge.