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What happens at Pretrial or the Omnibus Hearings:

Before a trial happens, your DWI lawyer will file motions. These motions address various constitutional issues like:

• why your car was stopped
• If the officer did not have a reasonable and articulable basis for the stop
• Right to counsel
• Miranda rights
• Lack of probable cause for arrest
• Many, many others

Hearings addressing Motions are called the Pretrial or Omnibus hearings. At the hearing the Judge will sometimes take testimony from the police officers or jail staff. You may or may not testify depending on your situation. The Judge then has 90 days to issue a ruling, which determines how your DWI case proceeds.

What Happens at Trial?

If your crime is a misdemeanor or gross misdemeanor, you have the right to demand a jury trial. The jury will be made up of 6 people from the county in which you are charged with your DWI. Typically a DWI/DUI trial takes 1-2 days. If however, this is a felony DWI trial (which means you have at least 3 prior DWI's or alcohol related license revocations within the past 10 years) then you have a right to a jury by 12 people in Minnesota.

Trial begins with selection of they jury. It can take hours to find the right jury. It is critical that your jury be impartial and not have certain biases. After the jury is selected the Prosecutor makes an opening statement. He or she will tell the jury what he or she thinks the case is about and how they plan on convicting you for Driving While Impaired. Your attorney will then get to make your opening statement. He will tell the jury about the problems with the prosecutor’s case, (the Intoxilyzer is inaccurate, the blood draw was done incorrectly, etc).


Witnesses are then called, including the police officer, the Intoxilyzer operator and any others that the Prosecutor thinks will help convict you. Your lawyer should draw the Judge’s attention to inconsistencies in their testimony. At the close of the prosecutor’s case, you will be able to call witness that might help you. These may include eyewitness or passengers in your car, and/or a blood alcohol expert that can explain why the test that you took is not accurate. Once all the witnesses testify, the lawyers make closing statements and the jury goes into the Jury Room to deliberate. That is, they try to come to a unanimous decision as to your guilt or innocence. Trial is a very serious and complex process. You need to be sure your rights are protected by a lawyer who is experienced in all matters preparing for and conducting trial.

Can't the Judge Just Give Me Back My Driver's License?

No. A very common mistake is to believe that somehow the Judge on your DWI criminal case can take or give you back your Driver's license on his own. This is not true. You need to file a separate civil lawsuit, called a Petition For Judicial Review or an "Implied Consent Petition" to either get your driver's license back or keep it from going on your driving record.

DWI or DUI – Is There a Difference?

Not really. In Minnesota, DWI is technically more accurate as the title of the Statute. Minn. Stat. §169A.20, describes the offense as Driving While Impaired. This offense, however, encompasses “driving under the influence” of various substances, as well as driving with unacceptable amounts of various substances in your bloodstream.

Negotiations

Many cases are settled by entering into plea bargains with the prosecutor. One of the biggest factors that determine how well the settlement negotiations will go is how skilled your DWI lawyer is. If your attorney can point out the problems with the case often times you will receive a better outcome.

Punishment and Sentencing For DWI/DUI:

Because we know that juries can do strange things and there is, of course, the possibility that you will be convicted of DWI DUI, you will be entitled to a sentencing hearing. This hearing is done after the trial or the plea.

Before the sentencing hearing you will probably be given a Pre-Sentence Investigation (we call it "PSI" for short) where you will meet with a probation agent and be given the chance to explain your version of events. It is critical that your attorney prep you for what will be asked at the PSI because these are intimidating and stressful meeting you need to know what to expect going in. Meeting with a probation agent for your PSI usually takes an hour or so, often time depending on the agent. A few weeks later the Agent will send a written recommendation or PSI to both the prosecutor and your attorney. In it the agent will give their recommendation of what your punishment should be. Your DWI DUI attorney should send you the document and discuss the next step.

In Minnesota, the Prosecutor can look back 10 years to see if you have either a DWI/DUI conviction or have lost your driver’s license because of an alcohol related event. If you have convictions for driving while impaired longer than 10 years ago, the Judge will be notified. The mandatory minimum sentence for DWI in Minnesota is as follows:




That does not mean you necessarily will receive the penalty, but it is more than likely that the Prosecutor will ask for at least this. You will be given the opportunity to present character reference letters, statements, documents, pictures, etc. that we think will help your case.

Rosengren Kohlmeyer Law Office
201 N. Broad Street, Suite 305
Mankato, Minnesota 56001
507-625-5000
www.rokolaw.com
Using this site does not establish an attorney-client relationship. Viewing this website or sending an email message through this website does not create an attorney-client relationship. An attorney-client relationship is created by a written agreement between you and our attorneys in which the attorney agrees to provide you with legal representation and you agree to pay his fee. Information sent by email may not be treated as confidential. Nothing on this website is intended to give you specific advice, everything on this site is presented by Jason Kohlmeyer of Rosengren Kohlmeyer Lawas a courtesy to the public and your case will have unique facts that this website does not and cannot factor in. An attorney should be contacted by telephone or in person as soon as possible. Revised: October 30, 2009 *not indicative of all cases, each case has it's own set off facts and own nuances, your case may end up with a better or worse result than the listed cases. All cases on file. Rosengren Kohlmeyer practices criminal defense with a very special emphasis on DWI DUI in in Mankato, St. James, Fairmont, Waseca, Olivia, St. Claire, St. Peter, Gaylord, Blue Earth, Owatonna, Albert Lea, Shakopee