Driving while intoxicated (DWI) is a serious criminal offense that can lead to serious consequences. If you are charged with a DWI in MN, you may be required to post bail in order to be released from custody while your case is pending. Alternatively, you may also have the option to be released on your own recognizance with a set of conditions you must follow throughout your case. Understanding the bail process is crucial, learn more about it here. This blog post will clarify how bail works when facing a DWI charge in Minnesota.

Conditional Bail vs Unconditional Bail

In Minnesota, bail is set by a judge during the defendant’s first court appearance. Learn more about how bail is set here. The judge will typically set a conditional bail and an unconditional bail in your case. The unconditional bail will be set at a higher dollar amount than the conditional bail. By posting an unconditional bail, you will be released from custody without any restrictions or conditions while your case is pending. You will simply be required to appear for court and remain law abiding. Conditional bail requires you to comply with certain conditions in order to remain out of custody while your case is pending. For an in depth explanation comparing conditional bail to unconditional bail, check out a recent Metro Bail Bonds blog post here.

Conditional Bail in DWI Cases

In Minnesota, conditional bail comes with specific requirements that must be followed. In DWI cases, Minnesota Statute 169A.44 lists required conditions that a defendant must comply with if they are released on conditional bail. For example, when facing certain non-felony DWI offenses, the defendant is required to abstain from alcohol use and submit to an electronic alcohol monitor unless they post unconditional bail. However, the judge may set additional conditions including, abstaining from drug use, abstaining from alcohol and drug possession, random drug testing, and prohibiting entrance to bars and liquor stores.

The most burdensome condition in a DWI case is typically the electronic alcohol monitor. An electronic alcohol monitor is a device that measures the defendant’s alcohol concentration. The defendant must use this device to submit multiple breath tests throughout each day until their case is resolved. If a defendant fails to submit a scheduled test or submits a positive test, a warrant may be issued for their arrest and they may be taken back to jail. One of the difficulties with this condition is being available to submit tests at certain times. For example, it may be impossible or embarrassing to submit breath tests while at work, in front of friends, or at family functions. Additionally, the defendant is typically responsible for the cost of the alcohol monitor, which can become quite expensive over time.

As of September 20th, 2024, in Dakota County, the initial startup fee for an alcohol monitor is $154, with a subsequent weekly fee of $77. In our analysis of 300 DWI cases within our company, we observed significant variation in case resolution times. The shortest time taken to resolve a case was just 6 days, a rare occurrence, with only 27 cases resolving in under 60 days. Conversely, the longest case took an extended 726 days (approximately 2 years), also a rare occurrence, with only 14 cases taking over 1 year to resolve. On average, cases were resolved in 172 days (about 5.7 months), with a median resolution time of 154 days (or 5.1 months). Therefore, if you are arrested in Dakota County and choose the conditional release route, you can expect to incur costs of around $2,000 for the alcohol monitor throughout the duration of your case.

Thus, while conditional bail may seem like a cheaper option than unconditional bail, it can actually be more expensive in the long run, depending on the length of your case.

Unconditional Bail in DWI Cases

The amount of unconditional bail set in a DWI case in Minnesota can vary depending on a number of factors, such as the severity of the offense, the defendant's criminal history, and the judge's discretion. However, certain DWI offenses carry a mandatory unconditional bail amount. Minnesota Statute § 169A.44 requires that maximum bail be set for DWI offenses that fit under Minnesota Statute 169A.40, subdivision 3. Under this statute, a $12,000 maximum unconditional bail is mandatory in each of these six scenarios:

If your DWI case fits under any of these six scenarios, expect a $12,000 unconditional bail. If you are charged with a felony DWI, your unconditional bail is left to the discretion of the judge, but it will typically be higher than $12,000. Regardless of what your bail is set at, Metro Bail Bonds can post your unconditional bond. If your bail is set at $12,000, we can post your bond for $1,200 (10% of the bail). However, if you are unable to afford the 10% fee, we can set you up on a flexible interest free payment plan. Learn more about our payment plans here. Call us today!

While conditional bail may seem like a cheaper option than unconditional bail, it can actually be more expensive in the long run, depending on the length of your case. You can also find yourself back in jail if you violate your conditions. Fortunately, if you are released on a conditional bail, you can always post an unconditional bond while your case is pending. If you decide you want no longer want to comply with the alcohol monitor, give us a call!

If you are facing a DWI charge in Minnesota, it is important to understand how bail works and to seek the advice of a qualified attorney who can help you navigate the legal process. Learn more about how hiring a private Minnesota Attorney can help you case here.