My friend was arrested for a DWI and was never charged during her 36 PC hold. What happens next? Will there be a court date?

Asked almost 2 years ago - Minneapolis, MN

This is her first defense, Its a 3rd Degree DWI, She was in jail from Saturday morning-Tuesday at noon when her PC was up, Sunday she received a bail amount but no charge papers. No court date was scheduled during that time or when released.

Attorney answers (4)

  1. Andrew M. Leone

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . If there was a blood draw, then the resultd may still be pending. She may receive a summons in the mail if she is ultimately charged, which will have het first court date listed. In may be in her best interest to speak with an attorney now to understand what to expect, including drivers license suspension.

  2. Thomas C Gallagher

    Contributor Level 17

    1

    Lawyer agrees

    1

    Answered . Prosecutors often charge DWI crimes days, weeks, even months after the date of arrest. She should watch her mail (at the address on her drivers license) for a Notice of Revocation, since she must file a challenge in court within 30 days of the notice (plus three days from the date of mailing) or it will stay permanently on her drivers license record. She will need a DWI lawyer's help to do that. Urine and blood samples often take weeks to be analyzed, and the administrative license revocation would follow that, if the report is 0.08 or more.

  3. Douglas Troy Kans

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    1

    Answered . Generally, your friend will now receive a summons and complaint in the mail. If she submitted to a blood or urine test, it may take several weeks to receive the complaint. However, if it was a Datamaster test, it generally would be sooner. It appears from your question that your friend has already posted bail. If she has posted the maximum bail for a Third Degree DWI, which is $12,000, she will not be required to be subjected to any additional conditions of release.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  4. John Paul Thygerson

    Pro

    Contributor Level 17

    Answered . I agree with Attorney Leone.

Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI arrest

A DUI arrest must be based on probable cause: the officer must have enough evidence to arrest, as determined by a combination of factors.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

18,073 answers this week

2,371 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

18,073 answers this week

2,371 attorneys answering