Thomas Jakeway A lawyer who knows Minnesota DWI / DUI & Criminal Law

Mandatory Bail

After having been arrested and booked for a Minnesota DUI, most drunk driver’s immediate concern is: when am I going to be released from custody?

When and under what circumstances a MN DWI offender is released depends largely upon the level of your Minnesota drunk driving offense. Generally, a first time Minnesota DWI offender will be released from custody and given a court date. For higher level Minnesota drunk driving offenses, like gross misdemeanors and felonies, Minnesota DUI law mandates certain conditions of release.

Mandatory bail and conditions of release provisions affect the following persons arrested for a MN DWI:

  • Minnesota drunk drivers with a blood alcohol concentration is .20 or above
  • Who had a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender
  • MN DUI offenders who have had their driving privileges cancelled as inimical to public safety
  • The Minnesota drunk driver is under the age of 19 and has a previous DUI conviction within the past 10 years
  • A person who is arrested for DUI and has two or more prior convictions within the previous ten years

If a drunk driver’s factual situation falls into one of the above categories, Minnesota Statute §169A.44, Subd. (1) requires a Minnesota DWI criminal court to release the Minnesota drunk driver from custody under specific statutory conditions: The Court may release the MN DUI offender on maximum bail, which is defined as quadruple the highest fine that may be imposed for the offense ($12,000 for gross misdemeanors and $56,000 for felonies). Instead of ordering maximum bail, the Court could order the offender to submit to intensive electronic alcohol monitoring. Should the MN drunk driver opt for a program of alcohol monitoring, they will be ordered to abstain from alcohol consumption and must submit to a program of electronic alcohol monitoring that involves multiple daily measurements of their blood alcohol concentration. There are costs associated with the alcohol monitoring, usually amounting to $12-$15/day for the duration of the processing of the offender’s criminal case.

If a person is charged with a Felony First Degree DWI (three or more prior convictions within the previous ten years), Minnesota DWI law provides for significantly more stringent conditions of release. The offender could be ordered to post maximum bail of $56,000. In lieu of bail, the conditions of release would include all of the following: abstain from alcohol and controlled substance and submit to random alcohol tests at least weekly; submit to electronic alcohol monitoring involving daily measurements of alcohol concentration; impoundment of registration plates of vehicle used to commit offense; weekly reports to probation agent; and finally, if convicted, the offender must reimburse the county for the total cost of these services.