Being arrested for a DWI in Minnesota is a frightening experience, and the hours immediately following your arrest can be confusing and stressful. One of the first questions people in this situation ask is: when can I get out of jail, and what will be required of me once I am released? In Minnesota, the answers depend on the severity of the DWI charge and the presence of specific aggravating factors. For many DWI defendants, release from custody is conditioned on meeting certain requirements—a process known as conditional release.
At Sieben Edmunds Miller, we help clients and their families navigate the DWI custody and release process. Here is what you need to know.
How the DWI Custody Process Works: From Arrest to Initial Appearance
When a Minnesota law enforcement officer arrests you for DWI, you will be transported to a law enforcement facility for booking. During booking, your personal information is recorded, any chemical testing that has not already occurred may be administered, and your property is inventoried.
Following booking, you will typically be held in custody until you are either released on your own recognizance, released upon posting bail, or brought before a judge or judicial officer for an initial appearance. In most DWI cases, the initial appearance occurs within 36 hours of arrest, excluding weekends and holidays, unless you are released before that time.
At the initial appearance, the court will advise you of the charges against you, determine the conditions of your release, and set bail if applicable. This is a critical juncture in your case, and having an attorney present or available by phone can help protect your interests from the very beginning.
Not Every DWI Arrest Requires Mandatory Conditional Release
Minnesota law draws a clear line between DWI arrests that require mandatory conditional release conditions and those that do not. Under Minnesota Statute § 169A.44, you must be held for conditional release if your arrest involves any of the following circumstances:
- A second-degree DWI—a gross misdemeanor involving two aggravating factors, or a test refusal combined with one aggravating factor.
- A first-degree DWI—a felony involving three or more prior qualifying impaired driving incidents.
- A BAC of 0.16 or higher—twice the legal limit.
- A child under age 16 in the vehicle at the time of the offense, when you are at least three years older.
- Your driver’s license was already canceled as inimical to public safety at the time of the arrest.
If your DWI is a first or second offense with no aggravating factors and a BAC below 0.16, you will typically be released through the standard process without mandatory conditional release requirements.
What Are the Conditions of Release in a DWI Case?
When conditional release applies, the conditions depend on whether the charge is a felony or a non-felony (misdemeanor or gross misdemeanor) DWI.
For non-felony DWI offenses requiring conditional release, the mandatory conditions include:
- Complete abstinence from alcohol and controlled substances.
- Submission to a program of electronic alcohol monitoring, which involves at least daily measurements of alcohol concentration pending resolution of the charges. This is typically accomplished through Remote Electronic Alcohol Monitoring (REAM)—discussed in detail in another blog in this series.
For felony DWI offenses, the conditions are generally more stringent and may include electronic home monitoring, random alcohol testing, restrictions on travel, and other court-imposed requirements depending on the specific circumstances.
DWI Bail Conditions and Maximum Bail
Minnesota law provides that unless maximum bail is imposed, a person subject to conditional release for a DWI may be released only upon agreeing to abstain from alcohol and submit to electronic alcohol monitoring. The court also has authority to impose additional bail conditions based on the defendant’s specific circumstances, including the nature of the offense, the defendant’s prior criminal history, their ties to the community, and the likelihood of appearing for future court dates.
In cases involving serious aggravating circumstances—such as an extremely high BAC, prior DWI felony convictions, or an accident resulting in injury—courts may set higher bail or impose more restrictive conditions of release. Having an attorney argue effectively for reasonable conditions can make a significant difference in your ability to remain out of custody while your case is pending.
Violating Conditions of Release
Violating the conditions of your release—for example, by consuming alcohol while on electronic monitoring—can have serious consequences. The court may revoke your release, require you to return to custody, and impose more stringent conditions. Violations can also affect the outcome of your underlying DWI case by undermining your credibility and demonstrating noncompliance with court orders.
If you are on conditional release, strict compliance with every condition is essential. If you believe a condition is unreasonable or impossible to comply with, contact your attorney immediately to seek a modification through the court.
What to Do If You or a Loved One Is Arrested for DWI
If you or a family member has been arrested for DWI in Minnesota, the most important step you can take is to contact an experienced DWI defense attorney as soon as possible. An attorney can communicate with the jail on your behalf, be present at the initial appearance to argue for reasonable release conditions, and begin building your defense from day one.
At Sieben Edmunds Miller, we are available to help when you need us most. Contact us for a consultation.
Frequently Asked Questions About DWI Conditional Release
What is DWI conditional release, and how does it work after an arrest?
Conditional release is a form of release from custody that requires you to comply with specific conditions set by the court or statute. In DWI cases, these conditions typically include abstaining from alcohol and submitting to electronic alcohol monitoring while your case is pending. The specific conditions depend on the severity of your charge and the aggravating factors involved.
What jail release options are available for someone charged with DWI in Minnesota?
Options include release on your own recognizance (without bail), release upon posting bail, or release with conditional requirements such as electronic alcohol monitoring. For minor DWI offenses without aggravating factors, release through standard booking and bail procedures is common. For more serious charges, mandatory conditional release requirements apply.
What conditions of release are typically imposed in a Minnesota DWI case?
For non-felony DWIs requiring conditional release, mandatory conditions include total alcohol abstinence and daily remote electronic alcohol monitoring. Courts may also impose travel restrictions, electronic home monitoring, random testing, and other conditions depending on the circumstances of the case and the defendant’s background.
How does the DWI custody process work from arrest to initial court appearance?
After arrest, you are taken to a law enforcement facility for booking and any remaining chemical testing. You may be released during the booking process or held until an initial court appearance, which must occur within 36 hours excluding weekends and holidays. At the initial appearance, the court sets charges, conditions of release, and bail.
What factors influence bail conditions in a DWI case in Minnesota?
Courts consider the severity of the charges, the presence of aggravating factors, the defendant’s prior DWI history, the likelihood of appearing for future court dates, community ties, and the level of risk the defendant poses to public safety. An attorney who argues effectively at the initial appearance can help secure reasonable bail conditions.
