A DUI arrest in Minnesota can feel like your entire life has been turned upside down. One minute you’re driving home, and the next, you’re in handcuffs facing criminal charges, license suspension, fines, and possibly even jail time. It’s a stressful, confusing, and intimidating experience—but what you do right after the arrest can make a huge difference in how your case turns out.
At Martine Law, we’ve helped countless Minnesotans fight DUI charges and protect their driving privileges. Here’s a detailed breakdown of the steps you should take immediately after a DUI arrest in Minnesota to protect your rights and your future.
Step 1: Stay Calm and Cooperate During the Arrest
The moments during and right after the traffic stop are critical. Even if you believe the stop was unjustified or you weren’t impaired, resisting arrest or being argumentative will only make things worse.
What to do:
- Stay calm, polite, and respectful.
- Avoid admitting guilt or volunteering too much information.
- Provide your name, license, and insurance as required.
- If you’re asked to take a chemical test, know that refusing may lead to automatic license suspension under Minnesota’s Implied Consent Law.
Remember: You have the right to remain silent and to speak with an attorney. Use those rights.
Step 2: Understand What You’re Being Charged With
After the arrest, you’ll likely be taken to the police station or county jail, booked, and released—sometimes on bail, sometimes with a court date. You may be facing any of the following:
- First-Degree DWI (Felony) – Four or more DWIs in 10 years or a prior felony DWI
- Second or Third-Degree DWI (Gross Misdemeanor) – Aggravating factors like a prior DWI or a BAC over 0.16
- Fourth-Degree DWI (Misdemeanor) – First-time offense, BAC below 0.16, no aggravating factors
Each level carries its own penalties, including fines, jail time, and license consequences. It’s essential to understand the severity of your specific charge.
Step 3: Request a Copy of the Police Report and Test Results
As soon as possible, request access to the:
- Police report detailing the stop and arrest
- Breathalyzer or blood test results
- Dashcam or bodycam footage, if available
This evidence can be crucial for your defense. At Martine Law, we immediately begin reviewing these materials to find holes in the prosecution’s case.
Step 4: Don’t Miss the 7-Day Deadline for Your License
One of the most urgent things to know: You only have 7 days to take action to save your driver’s license.
Under Minnesota law, your license can be revoked immediately after a DUI arrest. You’ll likely be given a temporary license that’s only valid for 7 days unless you:
- File a petition for judicial review of the license revocation
- Request an Implied Consent Hearing
Missing this deadline can mean months or even years of suspension. Don’t wait. Contact a lawyer who can file the necessary paperwork immediately.
Step 5: Hire an Experienced DUI Defense Attorney
There’s no substitute for skilled legal guidance after a DWI arrest. A seasoned attorney can:
- Challenge the legality of the traffic stop
- Review the chemical testing process for errors
- Negotiate for reduced penalties or alternate sentencing
- Represent you at court hearings and DMV proceedings
- Fight to keep your driving privileges intact
At Martine Law, we know Minnesota DUI law inside and out, and we craft a defense strategy customized to your situation and goals.
Step 6: Start Documenting Everything
Your memory is freshest right after the incident—so write down or record:
- What happened before the stop (where you were, what you drank, etc.)
- What the officer said and did
- If and when you were read your Miranda Rights
- Whether you asked for an attorney
- How and when the breath/blood/urine test was performed
This information can be critical later—especially if your rights were violated.
Step 7: Evaluate Bail Conditions and Court Dates
If you were released on bail or personal recognizance, you’ll be given paperwork with:
- Your next court appearance date
- Conditions of release (e.g., no alcohol use, ignition interlock, travel restrictions)
Failing to follow these conditions can result in revoked bail and jail time. Make sure you understand everything and keep copies of all paperwork.
Step 8: Avoid Social Media
Don’t post about your arrest or case on social media. Prosecutors can and do use social media posts as evidence against defendants.
Even a seemingly harmless post like “I just got pulled over for nothing” can hurt your case. Instead, direct your questions and updates to your attorney only.
Step 9: Understand Potential Penalties
In Minnesota, DUI/DWI penalties vary based on your BAC level, prior offenses, and whether there were aggravating factors like:
- A child in the car
- Refusing the test
- Causing injury or property damage
Penalties may include:
| Offense | License Revocation | Jail Time | Fines |
| 1st Offense (BAC < 0.16) | 90 days | Up to 90 days | $1,000 |
| 1st Offense (BAC ≥ 0.16) or test refusal | 1 year | Up to 1 year | $3,000 |
| 2nd Offense | 2 years | Up to 1 year | $3,000 |
| 3rd Offense | 3 years + impoundment | 1 year + | $3,000+ |
| 4th Offense | Cancelled license | Up to 7 years | Felony level |
You may also be required to install an ignition interlock device, complete chemical dependency assessments, or attend treatment programs.
Step 10: Focus on Moving Forward
A DUI arrest doesn’t have to define your future. Many people go on to rebuild their lives after a DWI—especially if they take quick and smart action. Whether you’re a college student, a professional, or a parent, the goal is to minimize damage, avoid jail, and keep your life on track.
Let Martine Law Fight for You
The hours and days after a DUI arrest are full of fear, confusion, and uncertainty. At Martine Law, we don’t just defend your case—we protect your freedom, your license, and your peace of mind.
We’ve successfully helped clients in Minneapolis, St. Paul, and throughout Minnesota get charges reduced or dismissed, keep their licenses, and move forward with their lives.
📞 Schedule your free consultation now. We’re here 24/7 to guide you through the next step.
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