What happens after a DUI arrest in Minnesota?
After a DUI arrest, you’ll usually be taken to jail, where you may be held for several hours before release. Law enforcement may confiscate your license and issue a temporary one. You will also face both criminal charges and a civil case with the Minnesota Department of Public Safety regarding your driving privileges.
What are the penalties for a first-time DUI in Minnesota?
A first-time DUI in Minnesota is typically a misdemeanor, but penalties can still include up to 90 days in jail, a $1,000 fine, and a 90-day license suspension. If your BAC was 0.16 or higher or you had a child in the car, the penalties can be much more severe.
Can I drive after a DUI arrest?
You may be eligible for a temporary license or a limited license (also called a work permit), depending on your case. However, the window to apply is short—often within 30 days of your arrest—so don’t wait. Mark D. Kelly can help you apply for the right driving privileges as part of your defense.
Will I lose my license if I’m arrested for DUI?
Yes, license suspension can happen quickly—sometimes within days. Minnesota law allows for administrative penalties that are separate from the criminal case. You may be able to challenge the suspension, but deadlines are short. Mark D. Kelly can help you request a hearing and fight to keep your driving privileges.
Should I take the breath test or refuse?
Minnesota has an Implied Consent Law. Refusing a breath, blood, or urine test after arrest can result in separate criminal penalties and longer license revocation. That said, every situation is different—if you’ve already refused, Mark can still help protect your rights.
Do I need a lawyer for a first-time DUI?
Absolutely. Even a first-time DUI can carry serious consequences: fines, license suspension, increased insurance costs, and possible jail time. An experienced defense lawyer like Mark D. Kelly can work to reduce or dismiss the charges, especially if there are weaknesses in the case.
How long does a DUI stay on my record in Minnesota?
A DUI conviction stays on your record for life in Minnesota. However, the state uses a 10-year “lookback” period for determining enhanced penalties. That means prior offenses within the past decade can increase the consequences of a new charge.
Can a DUI be reduced or dismissed?
Yes, under the right circumstances. If evidence was obtained illegally, the traffic stop was unjustified, or the testing procedures were flawed, your case may be dismissed or charges reduced. Mark D. Kelly thoroughly investigates every aspect of your arrest to find legal leverage.
What should I do immediately after being arrested for DUI?
Don’t say anything to police beyond basic identification.
Don’t post about your arrest on social media.
Request to speak with an attorney as soon as possible.
Contact Mark D. Kelly to discuss your options in a free consultation.