A DWI in Minnesota requires an arraignment.  An Arraignment makes you aware of the criminal charges and your rights, address bail, if applicable, and determine the next step in your case.  So why should you care?  Because it is common for defendants to feel they must resolve these charges at this hearing and without a lawyer.  As such, here are (3) three things to keep in mind before you go to court.

First, you are innocent until proven guilty.  Evidence is used by the State to prove your guilt.  Pursuant to the Minnesota Rules of Criminal Procedure the State of Minnesota (the folks charging you with the crime) has not likely made all evidence available to you by this arraignment.  Every individual charged with a crime in the United States is guaranteed a presumption of innocence and the State has the burden to prove your guilt beyond a reasonable doubt.  Why forego your presumption of innocence before determining if you have a legal right or defense available to you? Why would you resolve, let alone discuss your case with the prosecutor, before looking at all the evidence in your case?  Remember you have rights under the Constitution and every citizen should exercise those rights whenever possible.

Second, the prosecutor is NOT your lawyer!  S/he is not able to legally assist you in deciding your next step.  They may make you an offer but remember that they are also the ones charging you with a crime that is punishable by jail.  A criminal defense lawyer can assist you in requesting and analyzing all of the applicable evidence, understanding the court procedures, as well as planning your next step.  You have a right to seek counsel and you should use it.  Most DWI DUI lawyers in Minnesota offer free case evaluations.  I always suggest, even if you can’t afford a private lawyer, taking the time to seek assistance and fully understand your options before stepping into court. 

Third, a criminal driving under the influence charge (DWI) in Minnesota carries many collateral consequences such as driver’s license revocations, license reinstatement fees, court fees, increased insurance premiums, and potentially restricted access to foreign countries based on your criminal record.  More importantly, if you fail to respond to the revocation of your driving privileges, the uncontested revocation can essentially act as a criminal DWI or DUI conviction for purposes on enhanceability in subsequent DUI or DWI cases.  Because the majority of these collateral consequences run on a different time table then your criminal case, make sure you fully understand the scope of your situation before you consider resolving your DWI case. 

I hope this information on DWI DUI is useful.