When a family member is arrested for driving under the influence in Minnesota, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) can be confusing. Both relate to impaired driving, but they have distinct legal meanings in Minnesota. Grasping these differences can be crucial in determining the best ways to support your loved one, especially regarding affordable bail and bond options.
What Is DUI and DWI in Minnesota?
DUI and DWI are often used interchangeably, but in Minnesota, they mean different things.
In Minnesota, DWI refers specifically to driving while impaired due to alcohol, drugs, or a combination. If a driver has a blood alcohol concentration (BAC) of 0.08% or higher, they can be arrested for DWI. According to the Minnesota Department of Public Safety, over 25,000 people were arrested for DWI in 2021 alone.
The term DUI is broader and used in many other states but does not hold an official legal status in Minnesota. Knowing these distinctions helps families understand what their loved one is facing in these difficult situations.
Legal Consequences and Penalties
The consequences of DUI and DWI arrests can be severe and vary considerably. Here’s a glimpse into what may await those arrested for DWI in Minnesota:
For first-time DWI offenders, penalties include:
A minimum of 90 days to 1 year of license revocation
Fines that range from $1,000 to $3,000
Possible jail time of up to 90 days
Court-mandated participation in alcohol education programs
Statutory bail , with an option of an Unconditional DWI Bail Bond of $12,000
For repeat offenders, the situation worsens. Those with multiple DWI convictions can face:
Longer license revocations, potentially up to 5 years
Increased fines and mandatory jail time that can extend up to 1 year or more
Enhanced penalties if aggravating factors like a high BAC or a minor being present are involved
Statutory bail, with the option of a $12,000 Unconditional DWI Bail Bond
A SCRAM/Alcohol monitor is required, along with a setup fee and daily usage cost, when a defendant chooses conditional release and a DWI unconditional bail bond is not posted.
Understanding these potential consequences can help families prepare for what lies ahead.
Legal Processes Following an Arrest
After a DWI arrest in Minnesota, a legal process begins that family members should know about. Typically, the arrested individual will be taken to jail and will have an initial court appearance. This is crucial for determining bail.
Bail amounts can vary widely. If the court deems the individual a flight risk or a danger to the community, bail may be higher or denied completely. This can add to the stress for families seeking ways to assist their loved ones.
Here are some points to remember regarding bail hearings:
Individuals have the right to request bail hearings to argue for their release before trial.
Having an experienced bail bondsman can ease the process and enhance the chances of accessing affordable bail.
Affordable Bail Options for DWI Arrests
Financing a DWI arrest can be challenging, but there are several affordable bail options available. Consider the following:
Bail Bondsmen: Typically, bail bondsmen charge a fee of approximately 10% of the total bail amount. For example, if bail is set at $12,000, you may pay a non-refundable fee of $1,200 to secure your loved one's release.
Payment Plans: Numerous bail bond companies offer flexible payment options, enabling families to pay the remaining required bail bond premium in installments after the initial mandatory minimum premium has been collected.
The Importance of Legal Representation
While dealing with bail can relieve immediate financial stress, securing legal representation is essential. A qualified attorney experienced in DWI cases can:
Review the specifics of the case and determine possible defenses
Help family members understand the legal process
Push for reduced charges or penalties & reasonable bail to be set, when applicable
Work toward achieving the best possible outcome for the client
Investing in legal representation can dramatically affect the outcome of the case and offer peace of mind to families during this difficult time.
Taking Proactive Steps During A DWI Situation
Navigating the legal landscape surrounding DWI arrests in Minnesota can be overwhelming, especially for family members. Understanding the differences between DUI and DWI, the potential legal consequences, and available bail options is vital.
Being well-informed enables families to act quickly in securing affordable bail and obtaining competent legal representation. In challenging times, knowledge is empowering. Seeking assistance and taking prompt action can significantly lessen the repercussions of a DWI arrest.
