What to Expect for the DUI Court Case Procedure, Arraignment, and Possible Trial

The DUI court process will most often include:

• Arraignment: The judge will read the charges in front of the court and ask how the defendant will plead. The defendant can choose to hire a lawyer or the judge will appoint one. The judge may also set bail and conditions for release.
• Pretrial hearing: A judge may hold a hearing to determine if there is enough evidence to hold the charges. The defendant’s lawyer should represent them at this hearing.
• Trial: The prosecution will present evidence and testimonies against the defendant. The defendant or their lawyer can use resources to defend their case. After closing arguments, the jury will deliberate and decide on a verdict.
• Sentencing: If the defendant pleads guilty or no contest, they will be sentenced. If the defendant pleads not guilty, they will have a preliminary hearing and then a trial. 

Other steps to expect in the DUI court process typically include:

• A DMV hearing about a suspended license
• Obtaining discovery, such as a police report and state’s evidence
• Pretrial hearings where the defendant’s attorney and the prosecutor can discuss the case and potentially reach a plea agreement
• Plea bargaining, which may be offered to reduce penalties and avoid going to trial

Arrested for DUI? A Former Prosecutor’s Guide to What Happens Next

The aftermath of a DUI arrest can be confusing and stressful. You’re likely bombarded with questions about court procedures, arraignment, and the possibility of a trial.

As former prosecutors turned DUI defense attorneys, our certified DUI lawyers have seen countless individuals navigate this challenging situation. Here, we break down the key steps and offer insights based on our real-world experience in courts throughout the country:

First Steps After Arrest

• Stay silent. Don’t discuss the incident with anyone except your lawyer. Anything you say can be used against you.
• Contact a top DUI attorney in the area immediately. Their expertise in local DUI defense can protect your rights and guide you through the legal maze.
• Gather evidence. If possible, document any details you remember about the arrest and field sobriety tests.

The DUI Arraignment

• This is your first court appearance, where you’ll be formally informed of the charges and enter a plea.
• Don’t plead guilty without consulting a lawyer. This plea carries significant consequences in 2024 and waives your right to a trial.
• Your lawyer will explain the different plea options (e.g., not guilty, no contest) and advise the best course of action based on your specific case.

Discovery and Pre-Trial

• This phase involves both sides exchanging evidence and witness information.
• Your lawyer will meticulously analyze the prosecution’s case, identifying potential weaknesses and exploring defense strategies.
• Negotiations may occur to reach a plea bargain, reducing charges or penalties.

Trial (if necessary)

• If no plea agreement is reached, you have the right to a jury trial.
• Your lawyer will fight aggressively to defend you, challenging the prosecution’s evidence and presenting your defense.
• The burden of proof lies with the prosecution; they must prove your guilt beyond a reasonable doubt.

Remember:

• Every case has their own unique facts. What defense works to win a DUI case for one person might not be suitable for another.
• An experienced DUI attorney in the area can make a significant difference in the outcome of your case with charges getting dropped or dismissed.
• Don’t underestimate the potential consequences of a DUI conviction. It can impact your driving privileges, employment, and even immigration status.

Case Scenario: From Arrest to Relief

A recent client, Seth, a responsible citizen and young father, is pulled over for suspicion of DUI. After field sobriety tests and a breathalyzer, he’s arrested. Panicked and unsure, Seth contacts us for a free DUI review of the arrest. We immediately advise him to remain silent from speaking with the police further and secure his legal rights.

At the arraignment, we advise Seth to plead not guilty, allowing us to delve into the arrest procedures, breathalyzer calibration, and potential defenses. Through meticulous investigation and negotiation, we expose flaws in the prosecution’s case and secure a favorable plea agreement, minimizing the impact on Seth’s life.

Seek Expert Free DUI Guidance

Facing a DUI charge is daunting, but you don’t have to go through it alone. The free help of an arrest review with a seasoned DUI attorney in the area can be your powerful advocate, navigating the legal complexities and fighting for the best possible outcome.

Contact FightDUICharges for a free local DUI lawyer consultation and let’s discuss your specific case. Remember, the sooner you seek legal counsel, the better equipped you are to protect your rights and navigate this challenging situation.