DWI violations may be charged by:

  • citation (very rarely done, and only if a misdemeanor);
  • tab charge when booking the person into jail; and/or
  • complaint prepared by the prosecutor subsequent to arrest.

In the case of a blood or urine evidentiary test, the officer typically tab charges the violator at the time of arrest for driving under the influence, which is one category of DWI crime. Then, at the person’s first court appearance, the prosecutor requests continuation of the charges, pending return of the test results from the state crime lab. If the test results indicate an alcohol concentration of .08 or more, the prosecutor is allowed to add additional charges orally at the person’s next court hearing. Any charging complaint that is subsequently prepared would include all relevant charges.

CREDIT: The content of this post has been copied or adopted from An Overview of Minnesota’s DWI Laws, originally published by the Minnesota House of Representatives Research Department and written by legislative analysts Jim Cleary and Rebecca Pirius.

This is also part of a series of posts on Minnesota’s DWI Laws.