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Will I Be Required to Post Bail After a DWI Arrest in Minnesota?

by | Apr 6, 2022 | DUI/DWI

It is unlawful to drive while impaired by alcohol or illicit drugs in Minnesota. If you are arrested on DWI charges, you will be taken into custody. This raises an important question: Do you have to post bail after being charged with a DWI in Minnesota? The answer depends largely on the specific circumstances of your case. In this blog post, our Mankato DWI defense lawyers explain the most important things to know about drunk driving arrests and bail in Minnesota.

Many People Will Be Released Without Bail After a DWI Arrest (Conditional Release)

Broadly defined, bail is an amount of money that a defendant has to “post” with the court to be released from custody while they wait for their charges to be resolved. As the criminal justice process can be slow, there can be a significant delay between the day of an arrest and the day that the matter is adjudicated—especially if the case goes to trial. For this reason, most people want to do whatever they can to secure their release as soon as possible after an arrest.

With DWI charges in a misdemeanor case, many people secure their release without posting bail. More specifically, a defendant facing non-felony DWI charges may get a conditional release on their own recognizance. In effect, a person released on their own recognizance agrees to attend all future court dates related to the matter. If they miss a court date without a valid excuse, they will be subject to immediate arrest.

Additional (Non-Cash Bail) Restriction May Also Be Imposed

In Minnesota, courts may impose some additional restrictions besides cash bail on certain people who are facing non-felony DWI charges. A defendant could be required to abstain from alcohol while their DWI case is pending and submit to a program of electronic alcohol monitoring,

Minnesota Law: Mandatory Bail for Certain DWI Charges

Under Minnesota law (Minnesota Statutes § 169A.44), mandatory bail may be required in certain drunk driving cases. You may be required to post cash bail or submit to cash bail with restrictions if any of the following circumstances apply:

You were charged with a second degree DWI offense;
You were arrested while highly intoxicated (double the legal BAC limit or higher);
You were charged with a third degree DWI and you 19 years of age or younger; or
You were arrested for a DWI while a child under the age of 16 was in the vehicle.

For non-felony DWI charges in Minnesota, the maximum bail is $12,000. Though, you could face a higher bail amount if you were charged with a felony DWI offense.

Schedule a Confidential Consultation With a Minnesota DWI Defense Attorney

At Kohlmeyer Hagen, Law Office Chtd., our Minnesota DWI defense lawyers are relentless, experienced advocates for clients. If you have any questions or concerns about DWI charges and bail, we are here to help. Give us a phone call at 507-405-2442 or connect with us online to schedule a completely confidential consultation. From our Mankato and Rochester offices, we provide DWI defense representation throughout all of Southern Minnesota.