It’s 2 a.m. You’ve just been released from custody after a DWI arrest. Your license is gone — replaced by a thin piece of paper that says you can drive for 14 days. Your car may still be at the scene or in an impound lot. You’re exhausted, embarrassed, and you have no idea what happens next.
Here’s what happens next: you have two separate legal fights starting simultaneously, a hard deadline that’s already counting down, and a series of decisions over the next few days that will shape the outcome of your case. This guide walks you through each one.
The First 24 Hours: What to Do Right Now
Stop Talking About Your Case
This is the most important thing you can do in the first hours after your arrest: stop giving anyone information that can be used against you.
Don’t call friends to explain what happened. Don’t post anything on social media — not even something vague like “worst night of my life.” Don’t text details about how much you drank or where you were. Every one of those communications can be subpoenaed by the prosecution. The officer’s body camera already recorded everything you said during the stop and arrest. Don’t add to it.
If someone asks, the only thing you need to say is: “I’m dealing with a legal matter and I can’t discuss it.”
Write Down Everything You Remember
While the details are fresh, write down a complete timeline of your evening. This information is for your attorney — not for social media, not for friends, not for anyone else. Include:
- Where you were before driving and what time you left
- What and how much you consumed, and over what time period
- How much time passed between your last drink and when you were driving
- The reason the officer gave for pulling you over
- What questions the officer asked and what you said
- Whether you were asked to do field sobriety tests and whether you agreed
- Whether you took the preliminary breath test (PBT) at the roadside
- What the officer said when reading the implied consent advisory
- Whether you took or refused the evidentiary test (breath at the station, or blood/urine)
- The names or badge numbers of the officers involved
- Whether anyone else was in the car with you
- Any medical conditions, medications, or physical issues that may have affected your performance on tests (GERD, diabetes, knee injuries, back problems, anxiety)
This timeline becomes the foundation of your defense. Details you remember now will fade within days.
Get Your Vehicle
If your car was towed or impounded, find out where it is and retrieve it as soon as possible. Impound fees add up quickly — often $25-$50 per day. Call the law enforcement agency that arrested you to find out the tow lot location and what you need to bring (ID, registration, proof of insurance).
If your vehicle was seized for potential forfeiture (typically in cases involving repeat offenses or high BAC), different rules apply. You have 60 days to challenge the forfeiture — but you should talk to an attorney before taking any action on a seized vehicle.
Understanding Your Two Separate Cases
This is the part most people don’t realize until it’s too late: a DWI arrest in Minnesota creates two independent legal proceedings that run on different tracks, with different rules, different deadlines, and different decision-makers.
Case 1: The Administrative Case (Your License)
This case is handled by the Minnesota Department of Public Safety — not the courts. It determines whether your license revocation stands. It is a civil proceeding with a lower burden of proof (preponderance of the evidence, meaning “more likely than not”).
When the officer arrested you for DWI, they confiscated your physical license and filed a report with the Commissioner of Public Safety. You were issued a temporary driving permit valid for 14 days. On day 15, your license revocation takes effect — unless you’ve requested a hearing to challenge it.
The 14-day deadline is your most urgent priority. If you miss it, you lose the right to contest the revocation. No exceptions, no extensions. The clock started the moment you were arrested.
Case 2: The Criminal Case (Charges, Jail, Fines)
This case is handled by the county or city attorney through the criminal court system. It determines whether you’re convicted of DWI and what criminal penalties you face (jail, fines, probation, treatment). The burden of proof is beyond a reasonable doubt — much higher than the administrative case.
Your first court appearance (arraignment) will either be within 36 hours (if you were held in custody) or scheduled several weeks out (if you were released with a citation). At the arraignment, the court reads the charges, you enter a plea (almost always “not guilty” at this stage), and the judge sets any conditions of release.
These two cases are independent. You can win one and lose the other. You can get your license back through the administrative hearing but still be convicted criminally. You can be acquitted of criminal charges but still have your license revoked. Both must be fought.
Days 1-14: The Critical Window
Day 1-2: Contact a DWI Attorney
This is not the time for a general-practice lawyer who “also handles DWI cases.” Minnesota DWI law is technical and specialized. The interaction between the administrative case and the criminal case, the nuances of implied consent, the 2025 HF 2130 law changes, and the defense strategies specific to DWI cases all require an attorney who handles these cases regularly.
Most DWI attorneys offer free initial consultations. At Leverson Budke, we offer free consultations and are available 24/7 because we understand that DWI arrests don’t happen during business hours.
What to bring to your first attorney meeting:
- The citation/charging document you received at arrest
- The notice of license revocation (the temporary permit paper)
- Your written timeline of events
- Your driving record if you have it (your attorney can also pull this)
- Information about any prior DWI incidents, including dates and counties
Day 1-7: Request the Administrative Hearing
Your attorney will typically handle this, but it needs to happen within 14 days of arrest. The request goes to the Minnesota Department of Public Safety (Driver and Vehicle Services).
The administrative hearing is narrow — it addresses only these issues:
- Did the officer have reasonable grounds to believe you were driving while impaired?
- Were you lawfully placed under arrest?
- Were you informed of your rights under the implied consent law?
- Did you refuse to submit to testing? (If refusal is alleged.)
- Was the test administered properly and did it indicate impairment? (If a test was taken.)
Winning the administrative hearing keeps your license revocation from going into effect. Even if you don’t win, the hearing creates a sworn record of the officer’s testimony that your attorney can use in the criminal case.
Day 1-7: Understand Your Temporary Driving Privileges
Your 14-day temporary permit lets you drive normally during this window. After day 14, your driving privileges depend on what you’ve done:
If you requested the administrative hearing: The Department of Public Safety may extend your temporary driving privileges until the hearing is completed. This isn’t guaranteed, but it’s possible.
If you didn’t request a hearing: Your license revocation takes effect on day 15. To drive after that, you need to apply for limited driving privileges (a work permit) or enroll in the ignition interlock program.
If you drive after your license is revoked without a limited permit or interlock: You’ll be charged with driving after revocation — a new criminal offense that makes everything significantly worse. Don’t do it.
Day 1-14: Do NOT Violate Any Conditions of Release
If the court set conditions when you were released (no alcohol consumption, no driving, stay-away orders, check-ins), comply with every single one immediately. Violating a release condition can result in arrest, revocation of bail, and additional criminal charges. Judges take release condition violations seriously — it signals that you can’t follow rules, which directly undermines any future argument for leniency.
Weeks 2-4: Building Your Defense
Your Attorney Requests Discovery
Your lawyer will request all evidence from the prosecution, including:
- The officer’s arrest report and probable cause statement
- Body camera and squad car dashcam footage
- The implied consent advisory as read to you
- Breath test records, calibration logs, and maintenance records for the DataMaster instrument
- Blood or urine test results and chain of custody documentation
- Field sobriety test scoring sheets
- Dispatch records and 911 call recordings (if the stop was based on a tip)
- Any booking photos or additional statements
This evidence is where defense strategies emerge. Calibration errors, procedural mistakes, missing footage, and constitutional violations often aren’t obvious from the arrest report alone — they appear when an experienced attorney reviews the full record.
Get a Chemical Dependency Assessment (Proactively)
Minnesota law requires a substance use disorder assessment for every DWI conviction. Getting this assessment done early — before the court orders it — serves two purposes.
First, it shows the judge and prosecutor that you’re taking the situation seriously and addressing the underlying issue. Courts view proactive assessments favorably.
Second, the assessment may recommend a level of treatment that, if you’ve already begun by the time of sentencing, positions you for a better outcome. Judges who see defendants already in treatment are more inclined toward probation over jail.
Your attorney can recommend assessment providers in your area. Costs typically range from $200 to $400.
The Criminal Case Timeline
Every case is different, but here’s the general sequence for a Minnesota DWI criminal case:
Arraignment (First Appearance): You hear the charges, enter a plea (not guilty), and the court sets release conditions. For misdemeanor DWI, this is often the same day as arrest or scheduled within a few weeks. For felony DWI, it happens within 36 hours of arrest.
Pretrial Conference(s): Your attorney and the prosecutor discuss the case, negotiate potential resolutions, and address any pretrial motions. Multiple pretrial dates are common.
Omnibus Hearing (Contested Cases): If there are legal issues to resolve — the legality of the stop, the admissibility of test results, constitutional challenges — the court holds an evidentiary hearing where the officer testifies and the judge rules on motions. This is where cases are often won or lost.
Trial or Resolution: Most DWI cases resolve through negotiation. But if the state’s case has significant weaknesses, or if the stakes are high enough, trial is an option. You have the right to a jury trial for any DWI charge.
Sentencing: If convicted (by plea or trial), the court imposes penalties based on the degree of the offense. These can range from probation and fines (fourth-degree misdemeanor) to mandatory prison time (first-degree felony).
Total timeline: A straightforward misdemeanor DWI typically resolves in 2-4 months. Complex cases, felonies, or cases going to trial can take 6-12 months or longer.
The 7 Biggest Mistakes People Make After a DWI Arrest
- Missing the 14-day license hearing deadline. This is the most common and most costly mistake. Once the deadline passes, your revocation is final. There is no way to get it back.
- Talking to police without an attorney. If officers contact you after your release for follow-up questions, you are under no obligation to speak with them. Politely decline and direct them to your attorney.
- Driving after revocation. Desperation to get to work or pick up your kids is understandable. But driving after revocation is a separate criminal offense that can extend your revocation, add jail time, and severely damage your criminal case. Use rideshare, public transit, or ask someone to drive you.
- Posting on social media. “Had the worst night” with a location tag at a bar is evidence. Photos of you holding drinks that evening are evidence. Comments from friends saying “you were wasted lol” are evidence. Prosecutors check social media.
- Assuming a first offense isn’t serious. A fourth-degree DWI is still a criminal conviction that goes on your record, triggers a license revocation, increases your insurance for years, and counts as a prior if you’re ever arrested again within 20 years under the new lookback rules.
- Hiring the wrong attorney. A lawyer who doesn’t specifically handle DWI cases may not know to challenge DataMaster calibration records, may not understand how the sentencing guidelines interact with the DWI statutes, and may not catch procedural errors in the implied consent advisory. DWI defense is a specialty.
- Doing nothing and hoping it goes away. If you were cited and released, you have a court date. If you don’t show up, a warrant is issued for your arrest. The case does not disappear.
What Your Case Will Cost
We believe in transparency about costs. Here’s what a Minnesota DWI case typically costs, beyond attorney fees:
| Expense | Typical Range |
| Attorney fees (misdemeanor DWI) | $2,500 – $5,000 |
| Attorney fees (gross misdemeanor DWI) | $3,500 – $7,500 |
| Attorney fees (felony DWI) | $5,000 – $15,000+ |
| Court fines | $1,000 – $14,000 |
| Chemical dependency assessment | $200 – $400 |
| DWI education/treatment program | $500 – $3,000 |
| License reinstatement fee | $680 |
| Ignition interlock device (if required) | $100-$200 install + $75-$100/month |
| SR-22 insurance increase | $1,000 – $3,000+ per year (3-6 years) |
| Impound/towing fees | $200 – $500 |
A first-offense DWI in Minnesota typically costs $10,000-$25,000 in total when everything is factored in. It’s expensive — but the cost of not defending the case properly (a conviction with maximum penalties, extended license revocation, and a permanent record) is always higher.
Your Next Step
If you’ve been arrested for DWI in Minnesota, the most important thing you can do right now is pick up the phone. The 14-day license deadline is already running, the evidence from your arrest needs to be preserved and reviewed, and the decisions you make this week will shape everything that follows.
At Leverson Budke, we’ve defended hundreds of DWI cases across the Twin Cities. We know the courts, we know the prosecutors, and we know where the state’s cases have weaknesses. We’ll tell you exactly what you’re facing and what your options are — no sugarcoating, no pressure.
Frequently Asked Questions About DWI Arrests in Minnesota
1. How long do I have to request a license hearing after a DWI arrest?
You have 14 days from the date of arrest. This deadline cannot be extended. If you miss it, your license revocation takes effect automatically and you lose the right to challenge it.
2. Will I go to jail for a first-time DWI in Minnesota?
Not necessarily. A first-time fourth-degree DWI (misdemeanor) carries a maximum of 90 days in jail, but most first-time offenders with no aggravating factors receive probation with conditions rather than jail time. However, if your BAC was 0.16% or higher, you refused the test, or there was a child in the car, the charge is elevated to a gross misdemeanor with up to 1 year in jail.
3. Can I drive after a DWI arrest in Minnesota?
Yes, for the first 14 days — you receive a temporary permit at arrest. After that, driving depends on whether you’ve requested an administrative hearing, enrolled in the ignition interlock program, or obtained a limited license (work permit). Driving without valid privileges is a separate criminal offense.
4. Should I plead guilty to a DWI at my first court appearance?
Almost never. Your first appearance (arraignment) is not the time to resolve your case. Plead not guilty — this preserves all of your options and gives your attorney time to review the evidence, identify defense strategies, and negotiate with the prosecution.
5. What is the implied consent advisory?
It’s a legal script that Minnesota officers must read before requesting a chemical test (breath, blood, or urine). It informs you that the test is required by law, that refusal is a crime, and that you have the right to consult an attorney. Errors in how the advisory is read can be grounds for suppressing the test results.
6. Can a DWI be dismissed in Minnesota?
Yes, though dismissals are not common. Cases can be dismissed if the traffic stop was unlawful, the chemical test was administered improperly, the implied consent advisory was deficient, or there are other constitutional violations. An experienced DWI attorney evaluates every potential issue.
7. What happens if I refused the breath test?
Test refusal is a separate criminal offense in Minnesota — a gross misdemeanor carrying up to 1 year in jail and a $3,000 fine. Refusal also triggers a 1-year license revocation (longer for repeat offenders) and elevates your DWI charge by one degree. Officers may still obtain a warrant for a blood draw despite your refusal.
8. Do I need a DWI lawyer or can I represent myself?
You have the right to represent yourself, but it’s strongly discouraged. DWI cases involve two parallel legal proceedings, technical evidence (breath test calibration, field sobriety protocols), and interactions between criminal law and administrative law that require specialized knowledge. The cost of an attorney is almost always less than the cost of a poorly handled case.
