SAINT LOUIS PARK, Minn. — Two people died and nine were injured after police say Steven Bailey crashed into Park Tavern last month. The Hennepin County Attorney said his blood alcohol level was four times the legal limit.
Before September's tragedy, his record dates back to 1985 when records show he got his first DWI conviction in Wisconsin.
Followed by four more. He lost his license twice.
Later this month, Bailey will leave jail on conditional release and go directly to a treatment facility
Thomas Gallagher is criminal defense lawyer and has handled numerous DWI cases. He says the Minnesota Rules of Criminal Procedure has two main public policy goals.
"One is to ensure that the defendant, the accused person, will appear for future court appearances will will not become a fugitive," said Gallagher. "The other one is to protect public safety."
Gallagher says he sees that reflected in the conditional release order. In the order, he pointed to the condition of being released to alcohol treatment, and an ankle bracelet that senses alcohol.
Attorney Michael Bryant says while conditional releases are to be expected, there is something unusual in the order.
"His lawyer's supposed to take him directly from being released to the treatment center," said Bryant.
He says that detail in particular shows the judge did take into consideration Bailey's history.
"If he violates it at all he gets thrown right back in, and it's unlikely he'll get out again before trial," said Bryant.
Bailey's history shows he has in the past completed everything the state and court asked of him after his last 2014 arrest.
"Overall, it's a horrible, tragic situation, and they're trying to figure out what happened," said Bryant.
Legal experts say this is all part of the process.