Getting charged with a DUI, especially a first offense DUI in Minnesota, can be overwhelming. After being arrested, you might wonder what happens next, if a first DUI in Minnesota will mean jail time, and what you’re up against. The truth is: jail time for a first DUI offense in Minnesota is possible, but in many cases it’s unlikely. Let’s walk through what you can expect.
First DUI in Minnesota: What Actually Happens?
For many people, a first DUI in Minnesota doesn’t start with jail. In fact, if you were cooperative and didn’t meet certain high-risk conditions, you may have been released with a citation and picked up by a sober party. Officers often release parties for first time midemeanor DUI offenses.
But there are situations where an arresting officer must hold you before release in a DUI in Minnesota first offense. After arrest, under Minnesota Statute 169A.44, in a first Minnesota DUI offense, if your blood alcohol concentration (BAC) is 0.16 or higher, or if a passenger under 16 was in your car, you’ll likely be required to either post maximum bail (typically $12,000) or be released under electronic alcohol monitoring. As a result, in these first DUI offense in Minnesota cases, you may have to wait to see a judge before the Court release conditions.
In practice, some countries also require a formal complaint before making bail available for a first DUI offense in Minnesota, which can slow things down. Accordingly, having an experienced Minnesota DUI attorney who knows how to navigate this system and talk to the right prosecutors can make a big difference in how fast things move in a first DUI offense.
Will You Go to Jail for a First DUI in Minnesota?
If you’re wondering, “How likely is jail time for a first DUI in Minnesota?” the honest answer is, not very. While a first-time DUI can be classified as either a misdemeanor or gross misdemeanor (which technically carries maximum jail sentences of 90 days and 364 days, respectively), most first-time offenders don’t see the inside of a jail cell beyond the initial arrest, if that.
Unfortunately, some attorneys might highlight the maximum penalties to scare you into hiring them. At Shek Law, we don’t operate that way. We believe in honesty and realistic expectations. While we can’t guarantee outcomes, we can tell you this: in the Twin Cities metro and many surrounding areas, jail time for a first DUI is not standard practice.
That said, outcomes can vary in a first DUI offense in Minnesota depending on where you were arrested and what exactly happened during your stop.
When is Jail Time More Likely in a Minnesota First Offense DUI?
There are a few circumstances that might raise the stakes:
● The DUI involved a crash or injuries
● Your BAC was significantly over the limit
● You were charged with additional crimes, like obstructing legal process or fleeing
● You were arrested in a rural county, where prosecutors may take a tougher stance,
especially on gross misdemeanor charges
In those situations, a prosecutor might argue for jail time. However, even then, a good defense strategy can go a long way and often prevent jail time.
Why Local Experience Matters in a First DUI in Minnesota?
Minnesota DUI laws are the same across the state, but court practices aren’t. Prosecutors and judges have their own preferences, and they change over time. Consequently, it is vital to have an attorney who regularly appears in your city or county court, especially in the Twin Cities Metro, and knows what prosecutors are looking for, can make all the difference in negotiating outcomes like reduced charges or avoiding jail altogether. This is crucial for a first DUI offense in Minnesota.
Talk to First Offense DUI Attorneys at Shek Law
When you’re facing a DUI in Minnesota first offense, you’re not alone. And you don’t have to navigate this alone, either. At Shek Law, we bring candid advice, strategic defense, and deep experience with Minnesota DUI cases. Reach out today for a free consultation.