Mandatory Hold and Conditional Release Pretrial Under Minnesota DWI Laws

When a person is arrested for a first-degree (felony) or second-degree DWI crime, the person must be taken into custody and detained until the person’s first court appearance, at which time the court generally sets bail and specifies conditions of release. Unless maximum bail ($12,000 for gross misdemeanor DWI) is imposed, a person charged with any of the following offenses may be granted pretrial release from detention, but only if the person agrees to abstain from alcohol and to submit to remote electronic alcohol monitoring (REAM) involving at least daily breath-alcohol measurements. The offenses are:

  • a third implied consent or DWI violation within ten years;
  • a second violation, if under 19 years of age;
  • a violation while already cancelled as inimical to public safety for a prior violation; or
  • a violation involving an alcohol concentration of .20 or more.

Further conditions apply to a person charged with a fourth or more violation within ten years, including:

  • impoundment of the vehicle registration plates, or impoundment of the off-road recreational vehicle or motorboat itself, if one was being driven; a
  • requirement for reporting at least weekly to a probation officer, involving random breath alcohol testing and/or urinalysis; and
  • a requirement to reimburse the court for these services upon conviction for the crime.

CREDIT: The content of this post has been copied or adopted from An Overview of Minnesota’s DWI Laws, originally published by the Minnesota House of Representatives Research Department and written by legislative analysts Jim Cleary and Rebecca Pirius.

This is also part of a series of posts on Minnesota’s DWI Laws.