Legal Question in Criminal Law in Minnesota

Re: DWI Hearing- Representation or Not

This information is general in nature and may not apply to your specific facts. It is very important that you consult with a lawyer regarding your case.

You always have the option to represent yourself. Most judges will advise you (strongly) to have an attorney represent you since most gross misdemeanor DWI's carry with them significant penalties including 1 year in jail, a $3000 fine or both. At the first hearing - called an arraignment or first appearance - the prosecutor will have many cases in front of him. it is unlikely he/she will know the facts of your particular case. It is equally unlikely that yu will have much of an opportunity to speak with him/her. The second appearance is a pretrial or omnibus. It is at that hearing that you will have an opportunity to speak with the prosecutor. He/she will usually speak to any attorneys present first which may make it a long day for unrepresented parties. Atthe omnibus hearing, you can ask for a contested hearing, requiring the police officer and any other necessary officers to testify. Thjis is very important for your defense and should be conducted by an attorney.

Everything discussed so far is related to the "criminal" proceedings. Your license has also been suspended as part of civil proceedings. Many of the same defenses thatare used in the criminal procedings are available to challenge the license suspension. You MUST, however, ask for that review within 30 days of your suspension or revocation.

If you have any additional questions, please contact me at (651) 224-5959 or (612) 831-3100. (Free consultations)

The Beaulier Law Office

Maury Beaulier