Getting arrested for DWI in Minnesota can be one of the most frightening experiences of your life. Whether it happened in Mankato, Rochester, or anywhere in Southern Minnesota, the clock starts ticking the moment you’re pulled over. Missing key deadlines or making early mistakes can lead to jail time, license revocation, forfeiture of your vehicle, or even a felony conviction.
But here’s the good news: you still have rights, defenses, and options—if you act fast and get the right legal help.
In this post, we’ll walk you through exactly what happens after a DWI arrest in Minnesota and what steps you must take immediately to protect your freedom, your license, and your future.
Most DWI arrests begin with a traffic stop. Officers are trained to look for signs of impairment—speeding, swerving, rolling stops, or even a broken taillight.
Once stopped, you’ll typically be asked to:
These tests include:
These are not mandatory—but most officers won’t tell you that.
Next comes the preliminary breath test (PBT) using a handheld device. If you blow .08 or higher, or the officer believes you failed the field tests, you’ll be arrested for DWI.
Once you’re arrested, the officer must read the Implied Consent Advisory. There are two versions one focuses on breath tests only while the other version is if the Officer is going to apply for a warrant to draw blood or request a urine test. The Implied Consent Advisory is a legal script that informs you:
At this point, you have the right to contact an attorney if you are requested to take a breath test. Always do so.
The test usually happens at the station:
Important: If officers don’t allow you to consult an attorney—or they don’t get a warrant when required—your test results may be thrown out in court.
After testing, there are three possible outcomes:
If your case involves a high BAC, a child in the vehicle, or prior DWIs, you may be held until bail is set.
Every DWI arrest in Minnesota launches two legal cases:
Criminal Case:
This is where the state charges you with DWI under Minnesota Statutes §169A. The charges can be:
Each carries potential jail time, fines, and long-term consequences.
Civil Case: Implied Consent
This is about your driver’s license. You must file a petition within 60 days (or 63 for blood/urine tests) to fight your license revocation.
This is one of the shortest legal deadlines in Minnesota law. If you miss it, your license is gone.
If you’re released, your first court appearance (called a Rule 5 hearing) will be scheduled. At that hearing the judge will:
Common conditions of release include:
Violating these conditions could send you back to jail.
If you are held in jail after your arrest you are required to appear in front of a judge where bail will be set in an unconditional bail amount of at least $12,000, or conditional bail that may include a monetary amount of bail to be posted plus other conditions such as the ones listed above.
If you’ve been arrested for DWI in Mankato, Rochester, or anywhere in Southern Minnesota, your next move could mean the difference between jail and freedom, license loss or reinstatement, and a criminal record—or a second chance.
At Kohlmeyer Hagen Law Office, we’ve helped hundreds of Minnesotans navigate the chaos of a DWI arrest. We know the court systems, And we fight to win.
507-625-5000
If you’re reading this shortly after an arrest, know this: you are not alone—and you are not out of options.
Let’s fight this together.
