On June 28 I got a DWI, I was brought in to the police station and processed and the police officer told me that I would be receiving a letter soon regarding it and what I need to do next, today is July 16 and I still haven't received anything in the mail, how long do I need to wait or what should I do?
The time lag between arrest and getting something in the mail can occur for many reasons. One reason would be that you took a blood or urine test, of so it takes about 30 days for them to process those and report the results back to the cops. Another potential reason would be that it is a State Patrol case. For some reason, the Troopers take a long time to turn in their citations to be entered into the computer. Another reason is that on a first offense, fourth degree misdemeanor DWI (i.e. test result under .20, no priors, and no kids in the car) some cities (1) issue Citations w/court dates and the time of arrest, even in blood/urine cases sometimes; (2) some cities issue citations at the time of arrest *without* court dates, and (3) some cities send out Formal Complaints which come later in the mail. By the time you are charged under scenario (3) it may be months after your arrest. In the meantime, as Mr. Gallagher said, you may have already received an administrative revocation of your DL under the "implied consent" law. You only have roughly 30 days to challenge that Revocation, and the time is running EVEN IF you haven't been charged yet and/or don't have a court date yet. SO, if you wait til you have a court date, it is TOO LATE in many cases because you have already lost the right to challenge the Automatic administrative revo. of your DL because the 30 days has passed. SO, the best advice is to retain an experienced Minnesota DWI/criminal defense attorney ASAP --like now. I offer a free initial consultation: you call me at 651-247-six one one eight or log on to www.dwi-legal.com
If you were not yet charged, you can expect charges will follow by mail (assuming the address on your license is correct) once the test result (usually urine or blood) has been provided. That may take many weeks and even a month or more.
To be sure that there are no cases pending, you may call the court administrator- criminal division - in the County where you were stopped to determine if any cases and/or court hearings appear under your name.
For a FREE consultation on your legal matter call 612.240.8005.
Generally if a person arrested on suspicion of DWI submit to a search and provides breath smaple for an evidentiary breath test machine, if the machine reports 0.08 or more, then police will give the person at least two legal notices: a notice of administrative license reovcation (which can be challenged within 30 days in order to get a court hearing on it); and, a summons to criminal court to face a DWI charge. But where the evidentiary chemical test is based on a blood or urine sample, it must be sent to a lab for analysis. That can take weeks. Once done, if 0.08 or more, the Minnesota Department of Public Safety will mail a notice of administrative license reovcation (which can be challenged within 30 days in order to get a court hearing on it); and the court typically will mail a summons to criminal court to face a DWI charge. When either of those is recieved, it's time to retain a DWI defense lawyer and begin the fight.
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