Which Sounds Better? Sobering Up at Home or in an MN Cell?
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Which Sounds Better? Sobering Up at Home or in an MN Cell?


Finding yourself in a detox facility isn’t a pleasant experience. You will be held with strangers who are in various mental states and potentially treated like a drunk or substance abuser.


The trouble doesn’t stop there either. Depending on your situation, you may be held past the point of your sobering up. You could potentially be held up to 72 hours, leading to time away from family and a potential loss of income.


To secure a quick detox and jail release, it’s important to work with an attorney who understands the process. Paperwork must be filled out and submitted and, if not done properly, can delay your release.


What Is a Minnesota Detox Hold?


The state of Minnesota has on the books what is known as the Emergency Hold Law. This law gives authorities the ability to detain anyone arrested under the influence of drugs or alcohol, or in a distressed mental state, for up to 72-hours.


The number of detox holds is steadily increasing. You can find yourself being held for a variety of reasons from prescription drug abuse to being a bit too drunk.


Depending on why you entered though, you may experience a variety of unpleasant, and sometimes excruciating withdrawal and recovery symptoms. Common recovery symptoms can include:


  • Shakiness
  • Increased Heart Rate
  • Anxiety
  • Hallucinations
  • Seizures


When you aren’t a heavy substance user, imagine nursing even a mild hangover inside a cell. Probably not ideal. For those who don’t experience any symptoms, you’re likely to be in the same holding areas as other detainees who are.


When Are Minnesota Police Allowed to Hold You?


The Emergency Hold Law outlines the various situations where police, or other health authorities, can hold you in a detox facility or jail as:


“[When] the officer has reason to believe, either through direct observation of the person’s behavior or upon reliable information of the person’s recent behavior and knowledge of the person’s past behavior or psychiatric treatment, that the person is mentally ill or developmentally disabled and in danger of injuring self or others if not immediately detained.”


The definition is quite broad, yes?


This is why finding yourself on the wrong side of the law can be easier than you think. A simple night out can end with you in a detox facility or jail fairly quickly.


An Experienced MN Criminal Lawyer Can Accelerate Your Release


Avoiding a detox hold altogether is obviously preferable, but if you do find yourself in this situation, speed is imperative. Luckily, with the right representation, it is possible to secure a release well before the 72-hours is reached.


In many cases, even in as little as a few hours, because with an attorney’s help, a court order may be issued fairly quickly. Here’s how:


An attorney experienced with detox and jail release knows which forms you need, and how to correctly fill them out — all of which can speed up the process of your release.


Besides saving you time, money, and a pretty unpleasant experience inside a cell, you’ll also have the luxury of sobering up yourself within the comfort of your own home.


Minnesota Public Intoxication Defense Attorney


Early release is really only possible with help from an attorney that understands the process, however. You cannot get a release from a detox hold without a court order, and your chances of managing that from inside a jail are slim.


If you have questions about the detox and release process in Minnesota, or if you need help expediting yours or someone else’s release, don’t hesitate to reach out!



About the Author:


Christopher Keyser is a Minneapolis-based criminal and DWI defense attorney known for fighting aggressively for his clients and utilizing innovative tactics to get the most positive results. He has been featured in numerous media outlets due to the breadth and depth of his knowledge, and recognized as a Minnesota Super Lawyers Rising Star (2014–2015), a Top 100 Trial Lawyer (2013–2015), and a Top 40 Under 40 Attorney (2013–2015).


If You Need a Top Minnesota Criminal Lawyer Call 312-338-5007



With offices in Minneapolis and Stillwater, Minnesota, Keyser Law, P.A. handles cases throughout the Minneapolis-St. Paul metropolitan area including:




Bloomington, Brooklyn Center, Brooklyn Park, Champlin, Chanhassen, Corcoran, Crystal, Dayton, Deephaven, Eden Prairie, Edina, Excelsior, Golden Valley, Greenfield, Greenwood, Hanover, Hopkins, Independence, Long Lake, Loretto, Maple Grove, Maple Plain, Medicine Lake, Medina, Minneapolis, Minnetonka, Minnetrista, Mound, New Hope, Orono, Osseo, Plymouth, Richfield, Robbinsdale, Rockford, Rogers, Shorewood, Spring Park, St. Anthony Village, St. Bonifacius, St. Louis Park, Wayzata, Woodland and Hassan Township.



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