Things You Should Know About DUI Case Processes

1. What is the Court Process for a DUI Case?

Regardless of whether you lose or win your DMV hearing, your arrest still subjects you to go through the criminal court process.

You, your DUI defense lawyer (if you want to hire one), the judge, the prosecutor, and possibly a jury, are the main players in this forum.

With respect to a DUI process, these people will be engaging in numerous procedures in order to resolve your DUI case. Oftentimes, your court case starts with arraignment and stops when you are either sentenced or acquitted for your charges.

2. What Happens at My DUI Arraignment?

The arraignment is the 1st stage of your DUI proceedings. Usually, this is where your prosecutor gives the first “offer”. The “offer” is considered as the sentence that prosecutors agrees to and recommends in case you plead guilty to a charge proposed.

The arraignment provides people with their first opportunity to plead not guilty, guilty, or no contest to their DUI charges. If they plead guilty, they’ll be sentenced and their case will be closed, with the exception of fulfilling their probation terms.

3. DUI Defenses

Even though DUI defenses are not considered a “phase” of the process, they should be mentioned. After your DUI defense attorney obtains the evidence of prosecution, he or she then begins to find out which certain defenses apply to your specific case.

These defenses are very important to your pre-trial phase – where a lot of negotiating process takes place. Most common defenses for DUI include:

Illegal or flawed police investigations,

Inaccurate scientific calculations, and/or

Faulty breath or blood testing equipment.

4. DUI Plea Bargains and Pre-Trial Motions

This phase of the process technically lasts the longest and can take weeks to months. In this phase, your DUI lawyer will investigate your care meticulously by doing everything that needs to be done from visiting the arrest scene to checking the BAC testing equipment’s maintenance records.

The more issues and evidence that favor your side, the more likely the prosecutor and/or judge are to dismiss or reduce your charges. The most effective steps to do this typically include:

Running Pre-Trial Motions

Depending on the stated facts of your case, your DUI lawyer may run a motion to suppress(to ask the state court to exclude evidences from trial that was unjustly prejudice or illegally obtained from you), or probable cause hearing.

5. Will I have a Jury Trial?

Although most DUI cases settle before the trial, there are still some cases that go to jury trial. It is usually broken down into these few phases:

– Jury Selection

– The Opening Statements

– The Case of Prosecution

– The defense Case

– The Closing Statements

– The Verdict

– Sentencing

6. DUI Sentencing and Punishment

If you are convicted by a jury or plead guilty to drunk driving or other charge, the judge will give you a sentence. Punishment usually varies depending on your criminal history and facts of the case. Some of these include:

Possible county jail or State prison time,

Probation,

Alcohol programs approved by the court,

Fines,

Revocation or suspension of your driver’s license.

These are typically the kinds of penalties imposed in connection with DUI convictions.

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