DWI & Mandatory Bail:
When arrested for DWI, the first priority is to get out of jail as soon as possible. This means that bail needs to be established and posted so that the individual under arrest can be released from jail. As for the bail itself, it is the amount of money that the judge determines needs to be paid in order for the arrestee to obtain their release from jail pending their court hearing. The judge bases the amount on the facts in the case and the criminal history of the person under arrest. There are, however, some cases in which a defendant may be released from jail based on his or her own recognizance, which simply means the defendant must remain a law abiding citizen while staying in touch with his or her MN DWI lawyer.
Some counties have an on-call judge which your Minnesota DWI Attorney can contact to obtain your immediate release from jail.
Condition Of Release:
If a judge decides that bail is to be a condition for release from jail, there are two bail amounts that are set. The first is based on the individual maintaining additional conditions of release (eg. wearing an alco-sensor ankle bracelet). The second bail amount (which is always higher) is based on an unconditional release. An unconditional release means that once the bail amount is posted the individual does not have to maintain any other conditions of release pending the next appearance in court.
Mandatory bail is governed by Minnesota Statute 169A.44 and it states that mandatory bail that is conditional or unconditional must be imposed pending the next court appearance. The maximum amount of bail allowed in a DWI case is four times the maximum cash fine. So if the cash fine is $1,000, the bail may be set at $4,000. If the DWI is a gross misdemeanor, the maximum unconditional bail amount is $12,000.00.
If the DWI is a felony (i.e. First Degree DWI) there is no maximum amount of bail. I have seen maximum bail amounts as high as $100, 000 without conditions.
DWI Charge And Bail Amounts:
If you are charged with a first-degree or second-degree DWI, you are going to be subject to the mandatory bail amounts. If you do not wish to pay the maximum bail, then other conditions of release will be imposed. For example, the court may order that you abstain from alcohol and agree to submit to random testing. Another condition may be to submit to electronic alcohol monitoring.
The judge will make the bail determination so it is important to immediately contact your Minnesota DWI lawyer so that he can make the arguments for your release.
Contact Minnesota DWI Lawyer F. T. Sessoms:
When you or a loved one has been arrested for DWI, speaking to your attorney as soon as possible will help in the preparation of your bail hearing and the establishment of your bail so you can go home. Don’t hesitate to call MN DWI Lawyer F.T. Sessoms as soon as possible at 612-344-1505 so that your time in jail does not have to be longer than necessary.
