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So if somebody’s arrested on a DWI and they test at least twice the limit and they have a prior DWI, some just jurisdictions will hold people in jail until bail is set or until they see a judge. And some counties will allow us to call on-call judges, get a hold of prosecutors and try and get bail set over the weekend or maybe before they see a judge. Other counties, you’re at the mercy of their process. You’ve got to wait for a judge to come in and review the case to see whether they’re going to set bail or they won’t set bail. So, sometimes you do as much as you possibly can, but it’s out of your control
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Woodbury MN criminal defense attorney Robert Ambrose talks about the options someone might have if they are put in jail for a DWI.