If you’ve been arrested for a DWI in Minnesota, your first appearance in court will be called an arraignment — a formal proceeding where the court officially informs you of your charges and asks how you want to plead. It’s the start of your legal journey, and how you approach this first step can shape the outcome of your entire case.
Whether it’s your first DWI or you’ve been through this before, knowing what happens at a Minnesota DWI arraignment can ease anxiety and help you make smart decisions. In this guide, we’ll explain the purpose of the arraignment, what you should expect, and how a skilled DWI defense lawyer can protect your rights from the beginning.
What Is an Arraignment?
An arraignment is your first court appearance after being arrested and charged with a DWI (Driving While Impaired). It typically occurs within a few days of your arrest, depending on whether you were booked and jailed or released with a citation.
At this hearing, the judge will:
- Read the formal charges against you
- Advise you of your legal rights
- Ask how you plead: guilty or not guilty
- Determine bail or conditions of release
- Schedule your next court date
Although this hearing may seem routine, it’s a critical legal milestone. How you respond — and whether you have a lawyer by your side — can impact everything that follows.
When Does the Arraignment Take Place?
For misdemeanor DWIs, the arraignment usually occurs within 30 days of your citation or arrest. For gross misdemeanors or felony DWIs, you may be held in custody until the arraignment, which is typically held within 36 to 48 hours (not counting weekends or holidays).
It’s essential not to miss your arraignment. Failing to appear can result in a bench warrant and additional charges for failing to appear in court.
What Happens During the Arraignment?
Here’s a breakdown of the key steps that occur at a typical Minnesota DWI arraignment:
1. You’ll Be Informed of the Charges
The judge or prosecutor will read the specific charges filed against you, such as:
- Fourth-degree DWI (misdemeanor)
- Third-degree DWI (gross misdemeanor)
- Refusal to take a chemical test
- DWI with aggravating factors (high BAC, prior offenses, child passenger)
You’ll receive a copy of the complaint or citation, which lists the offenses and penalties.
2. The Judge Will Explain Your Rights
This includes your rights to:
- Remain silent
- Hire an attorney
- Request a public defender (if you qualify)
- Challenge the charges at trial
- Request a jury trial
- Be presumed innocent until proven guilty
If you don’t have a lawyer yet, the judge may ask whether you plan to hire one or apply for a public defender.
3. You’ll Be Asked to Enter a Plea
You’ll need to respond to the charges by entering a plea:
- Not Guilty – This is the most common plea at arraignment. It preserves all your legal rights and allows time for your lawyer to review the evidence and build your defense.
- Guilty – Rarely advisable at this early stage, especially without legal advice.
- No Contest – Not typically used in Minnesota DWI cases.
Most people should plead not guilty at this stage, even if they believe the evidence is strong. This gives your attorney time to negotiate or fight the charges.
Will the Judge Set Bail?
The judge may address bail or conditions of release, depending on:
- Your prior record
- Whether this is your first DWI
- Any aggravating factors (injury, high BAC, minor in the vehicle)
- Risk of fleeing or committing new crimes
For first-time misdemeanors, you’ll usually be released on personal recognizance, with conditions such as:
- No alcohol or drug use
- No driving without a valid license
- Mandatory court check-ins or SCRAM alcohol monitoring
For gross misdemeanor or felony DWIs, the judge may set cash bail or require conditions like ignition interlock devices.
Do You Need a Lawyer at the Arraignment?
While the law doesn’t require you to have an attorney at your arraignment, it’s highly recommended. A lawyer can:
- Advise you on how to plead
- Push for minimal bail or favorable release terms
- Begin negotiating with the prosecutor
- Protect you from making incriminating statements
- Start preparing your defense early
At Martine Law, we represent clients at their arraignments and fight to protect their driving privileges, reduce their stress, and secure better outcomes from day one.
What Happens After the Arraignment?
If you plead not guilty, the court will schedule a pre-trial conference, typically within a few weeks. During this phase:
- Your lawyer will request discovery (police reports, video, test results)
- You’ll review all the evidence
- Your lawyer may file motions to suppress illegal evidence
- Settlement discussions or plea negotiations may begin
If no agreement is reached, your case may go to trial — but many DWI cases are resolved before then.
Can the Case Be Dismissed After Arraignment?
Yes. Your attorney may uncover problems with:
- The legality of the traffic stop
- The accuracy of the breathalyzer or field sobriety tests
- The collection and handling of evidence
- The officer’s conduct or procedures
These issues can result in the dismissal of charges or significant reductions — but only if your attorney is proactive early in the process.
What If You Miss the Arraignment?
Missing a court date without notice can lead to serious consequences:
- A warrant for your arrest
- Additional criminal charges
- Driver’s license consequences
- Difficulty in securing favorable release conditions later
If you miss court for a legitimate reason, contact the court and an attorney immediately. It may be possible to quash the warrant and reschedule your hearing.
Final Thoughts
A DWI arraignment in Minnesota may seem like a routine step, but it’s much more than a formality. It’s the first time you’re on record in court — and every word and action can affect your case going forward.
That’s why it’s so important to:
- Show up early and dressed appropriately
- Be respectful and prepared
- Have an experienced DWI defense lawyer by your side
At Martine Law, we’re here to guide you through every phase of your DWI case — starting with your very first court date. We fight for reduced charges, dismissed evidence, and smart alternatives that keep your life on track.
Need Help with a DWI Arraignment?
If you’ve been charged with a DWI in Minnesota, don’t face the court alone. Contact Martine Law today for a confidential consultation and take the first step toward protecting your record, license, and future.