Bail refers to the amount of money that an individual deposits or pledges in order to be set free from jail after being charged with a Driving While Intoxicated (DWI) offense. Whenever bail is established and posted, the individual in question consequently admits that he or she is aware that a trial date has been set and they will be required to attend. A judge will set the exact amount of bail based on the facts of the case.
In the case you are arrested for a DWI offense, it is essential that you seek the services of a professional Minnesota DWI lawyer as soon as you can. He/she will be in the best position to help you understand your options so that you have the best possible chance of posting bail and going home sooner rather than later. Once bail is paid and you are set free, you will have to obey the terms and conditions of your release.
The statutes governing bail
According to Minnesota law, bail may be imposed for an individual to be let free until their next court appearance. However, it may only be available under the following circumstances:
- If the DWI is any degree, except for the 4th
- The defendant was found to have a blood alcohol concentration of .20 or higher
- If the defendant refused to submit to alcohol testing
- If there was a minor under the age of 16 in the vehicle
- If the DWI offense occurred when the defendant was driving with an invalid license inimical to public safety
The statutes governing bail also define the parameters for setting the amount of bail. According to Minnesota law, the maximum amount of bail for any individual charged with gross misdemeanor DWI or misdemeanor DWI should be double the amount of the highest cash fine that can be imposed for such an offense. In other words, because the maximum fine for a misdemeanor DWI offense stands at $1,000, it would translate to a bail set at $2,000 for a person facing the charges mentioned above. There are exceptions to this rule that will enable the bail amount to go as high as $12,000.
Getting out of jail sooner rather than later
By securing the services of a professional Minnesota DWI lawyer after being charged with a DWI offense, you will significantly increase your chances of going home sooner rather than later. However, despite securing your freedom, there are certain situations where electronic alcohol monitoring may be required. In addition, you may also be ordered to wear a monitoring bracelet device.
When it comes to a first degree or second degree DWI charge, you are entitled to mandatory bail. With this in mind, your attorney will recommend and advise you on what combination of release conditions will work best in your situation, particularly if they have the potential to impact your bail amount. The sooner you get legal help, the sooner you will be able to get home.
If you or a loved one is facing DWI charges, contact Minnesota DWI attorney Mark Herman. He represents individuals in Minneapolis, St. Paul and the surrounding areas.
Learn More About DWI Cases:
- Bail Bonds and DWI Cases
- Breath and Blood Tests
- Commercial DWI Information
- Civil Penalties for DWI Cases
- DWI Court Procedures
- DWI Jail Alternatives
- Getting Arrested for DWI Without a Driver’s License
- DWI Work Permit Information
- Implied Consent Laws
- Multiple Arrests for DWI in Minnesota? What Now?
- DWI Cases for Non-Citizens
- What is a Qualified Prior Impaired Driving Incident?
- What is Reasonable Suspicion?
- DWI Cases and Vehicle Forfeitures