Although it is dangerous, many motorists in Minnesota drink and drive and eventually they get caught. According to the Minnesota Office of Traffic Safety, approximately 69 people are arrested for impaired driving each day in Minnesota. If you are one of the individuals arrested, you are probably wondering if you’re going to jail and what’s going to happen to your driver’s license. Unfortunately, those are two of the various hassles associated with a DWI.
Will I Go to Jail for a DWI Arrest in St. Paul? How Long?
Most DWI offenders in St. Paul are going to be detained and locked up at a local police station or jail if an officer has enough probable cause to believe you are drunk. Police are not required to have an arrest warrant for a DWI, misdemeanor, gross misdemeanor, or felony, but they can’t hold you for too long before you see a judge.
Minnesota has two rules that dictate when you should be released from jail for a DWI:
For a warrantless arrest, the 36-hour rule applies, and you cannot be detained for more than 36 hours without appearing before a court.
The 48-hour rule states that a person arrested without a warrant cannot be held more than 48 hours without getting a judge to sign a probable cause statement.
Both rules apply even though they are different, so the maximum you can spend in jail without instructions from a judge is 48 hours. It’s important to be aware that weekends and holidays will delay the start of the clock for the 36-hour and 48-hour rules, so you could spend more than two days in jail depending on the date of your arrest. The clock on the 48-hour rule and the 36-hour rule will be delayed if you are arrested on the weekends or holidays.
In most DWI cases, you can get bailed out as soon as you are processed and bail is paid. Anyone including a family member, friend or a criminal defense attorney can pay your bail and pick you up one of the locations listed below or another:
Ramsey County Community Correction
25 7th St. W,
St Paul, MN 55102
Ramsey County Correction
121 7th Pl E,
St Paul, MN 55101
West St Paul Police Department
1616 Humboldt Ave.,
St Paul, MN 55118
If you have been enlisted by a spouse, a family member, or friend to bail them out of jail, and you don’t know where they are you can use one of the inmate search tools listed below:
Minnesota Department of Corrections: https://coms.doc.state.mn.us/publicviewer/
Did your arrest go wrong? Were you hurt because an officer used excessive force? Do you believe you were wrongfully arrested? If a law enforcement officer engaged in misconduct, USAttorneys suggest you speak to a police brutality lawyer in Minnesota to see if you have a case to pursue.
What if I’m Convicted of DWI, How Much Time Will I Spend in Jail?
How long you spend in jail for a DWI conviction depends on numerous factors such as:
Your blood alcohol level
The number or prior criminal or DWI offense you have
Driving impaired with a minor in your car
Causing an accident that involves severe bodily harm or death
A conviction for DWI in St. Paul can result in the following jail penalties:
First-Under 0.16 BAC minimum 90 days in jail
Second-Up to one year in jail
Third-Up to one year in jail
First Offense DWI With 0.016 BAC- Up to one year in jail
First Offense Driving with a minor- Up to one year in jail
When you are charged with a DWI, jail is a possibility, and it is a terrifying one for most, but it doesn’t have to be an inevitability. There are defense strategies that will keep you from spending a day in jail for a DWI conviction or at least get your sentence significantly reduced. Let USAttorneys.com connect you with a DWI lawyer in St. Paul to examine the details of your case and develop a winning defense strategy.
Will I lose My Driver’s License for a DWI in St. Paul?
Of course, you are going to lose your driver’s license but for how long is the main issue. A DWI arrest or refusing a chemical test results in the immediate suspension of your driver’s license.
A DMV hearing allows you to get your driver’s license reinstated with limited driving period and is separate from your DWI hearing. At your DMV hearing, you will be given a chance to show why your driving privileges should be restored. You can choose to have a defense lawyer’s help for this hearing. If you convicted of a DWI in Minnesota you could have your driver’s license suspended for the periods listed below:
First DWI Offense– All Bac levels up to 90 days
First DWI Offense with child in car- One year
First Breathalyzer Refusal- One year
Are you an immigrant? Did you know that DWI conviction and even an arrest can trigger deportation? We recommend you consult with an immigration attorney in St. Paul before you plead or accept a deal from the prosecution.