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Help! I’m in custody–DWI Conditional Release

by Sep 25, 2015Criminal Defense Attorney, DWI / DUI

If you’re in custody for a DWI, one thing you’re probably thinking is “How do I get out of jail?!” A judge can consider a number of factors before releasing you from custody. The court must set bail or impose conditions of release that you must follow while your case is pending. Let us answer the question of how you can get released from custody for a DWI in Minnesota.

Conditional release is prescribed my Minnesota Statute 169A.44. Conditions for release depend on the severity of the charge. As stated above, the court must set bail or it can require you to comply with a list of conditions. Some conditions include being supervised, and restrictions on travel, association, and residence during release. When imposing conditions, the court considers various factors such as the nature and circumstances of the offense, weight of the evidence, family ties, employment, financial resources, and more.

The first option for being released without conditions is by posting bail. According to Minnesota Rules of Criminal Procedure, Rule 6.02, subd. 1, “The Court must set money bail without other conditions on which the defendant may be released by posting cash or sureties.” For DWIs, the court can set the bail amount for up to four times the maximum fine pursuant to Minnesota Statute 629.471, subd. 2. This means that for a first-time (4th degree) DWI, bail without conditions can be up to $4,000. For gross misdemeanor DWIs (2nd and 3rd degree), the maximum bail is up to $12,000. There is no maximum bail for a felony (1st degree) DWI.

You can also seek release by complying with certain conditions. For non-felony violations, one can be released by agreeing to abstain from alcohol and submit to electronic alcohol-monitoring equipment. There is a daily fee for using the equipment. You are also required to submit to testing at various times throughout the day.

Felony violations are more serious and require compliance with more conditions if you want to be released from detention. In addition to abstaining from alcohol and electronic alcohol-monitoring, there are a number of other felony-specific conditions. These include license plate impoundment, weekly probation reporting, random alcohol or urine analysis tests, and any other conditions ordered by the court. You are responsible for the costs associated with these conditions.

Remaining in jail while your DWI case is pending is probably the last thing you want to do. Most people need to be out of custody to take care of work and family obligations. The experienced DWI defense attorney Mendota Heights, Mennesota at Sieben Edmunds PLLC will do everything possible to secure your release. Give us a call at 651-994-6744 or visit our contact page to find out how we can help you.

Stay tuned for the next installment in this DWI blog series!

S|E DWI Blog #1 – Harsher DWI penalties went into effect on August 1, 2015

S|E DWI Blog #2 – DWI Vehicle Forfeiture Option for Innocent Owners

S|E DWI Blog #3 – DWI Necessity Defense in License Revocation Challenges

S|E DWI Blog #4 – DWI Defenses – A Primer

S|E DWI Blog #5 – Minnesota Ignition Interlock Program

S|E DWI Blog #6 – Limited Licenses

S|E DWI Blog #7 – Underage drinking & driving in Minnesota

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