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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?

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. 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. 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. 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. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights

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