DUI Process
Being charged with driving under the influence can be a stressful event. If you are like most people, this is your first brush with the law. Understanding the DUI process may relieve some of the uncertainty you are facing at this time.The first step in the DUI process is the traffic stop. If the police officer notices that your driving is erratic, you may be pulled over. During this time, the officer will look for evidence of DUI that can be used against you if you are indeed charged with drunk driving.
If the officer believes there is probable cause, you will be arrested for DUI. While you should be polite and cooperative, do not answer any unnecessary questions. In most cases, you should submit to a blood alcohol content (BAC) test, as refusing to take the test may lead to additional penalties.
After the arrest, you will be brought into the police station for booking. During this time, you will be searched, photographed, fingerprinted, and interrogated. If you are asked any additional questions at this time, you may ask to speak to an attorney before answering them.
The next step is arraignment. This is where you enter a plea of guilty, not guilty, or no contest. If you plead guilty or no contest, you will be sentenced on the spot. If you plead not guilty, the judge will declare your next court date, which is the preliminary hearing.
The preliminary hearing is used to determine if there is enough evidence in your DUI case to uphold the drunk-driving charges. If there is, your case will then move forward to trial.
In most states, your DUI case will be heard by a jury. At the trial, both the prosecution and your defense attorney will present testimony and evidence to the judge and jury. As a result, it is important to hire a skilled DUI attorney who has experience with jury trials.
The last step in the DUI process is the sentencing phase. During sentencing, the judge or jury reveals the verdict. If convicted of drunk driving, you will be sentenced after the verdict is read. Your attorney can then help you decide if an appeal is applicable in your case.
