| So you?ve been arrested and charged with
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| | Your attorney will likely bring motions
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| ?driving under the influence' (?DUI') or
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| | to have particular damaging evidence kept
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| ?driving while intoxicated "(?DWI').
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| | out of the trial. Examples of evidence
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| While you?ll definitely need a lawyer to
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| | that defense lawyers work hard at
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| defend you in court, it can make things a
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| | eliminating from a DWI trial at the
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| lot less confusing to know what?s going
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| | pretrial motion stage include:
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| to happen in court before you talk to a
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| | Physical evidence such as alcohol bottles
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| lawyer.
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| | confiscated from the car
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| Arraignment
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| | Blood alcohol content testing results
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| The first hearing in your DWI case is
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| | Any incriminating statements or
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| likely to be an arraignment. After
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| | confessions you may have made to the
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| reading the charge against you, the judge
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| | arresting officer(s)
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| will ask whether you plead guilty or
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| | Trial
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| innocent. Unless you?re represented by an
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| | Although many DWI cases are resolved
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| attorney and have talked it over
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| | short of going to trial, it?s possible
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| carefully with your attorney, you?ll want
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| | you?ll find yourself at trial. If so, the
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| to plead ?not guilty.'
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| | trial is likely to proceed in a
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| The judge will decide whether to reduce
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| | predictable manner, with:
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| your bail amount or release you on your
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| | Jury selection (unless it is a trial by
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| ?own recognizance' without requiring
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| | judge, which is fairly unusual in DWI
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| additional bail.
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| | trials)
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| If you aren?t already represented by an
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| | Opening statements by your attorney and
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| attorney, the judge will decide whether
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| | the prosecutor, outlining the evidence
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| you are eligible for a
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| | each intends to present
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| government-appointed lawyer, called a
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| | Testimony from witnesses
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| ?public defender.' Being appointed a
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| | Cross-examination of the witnesses by
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| lawyer fulfills your constitutional right
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| | both attorneys
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| to the assistance of counselin criminal
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| | Motions from your attorney after the
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| cases where you could be deprived of your
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| | prosecution has presented its case,
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| liberty.
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| | sometimes asking the judge to dismiss the
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| If you have an attorney, or are appointed
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| | case for lack of evidence
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| a public defender who is present in the
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| | Closing arguments from both lawyers
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| courtroom, the prosecutor will give your
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| | summing up the evidence, and arguments
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| attorney copies of any police reports and
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| | about how the law applies
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| other documents the prosecutor is
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| | Jury instructions (by the judge) on the
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| intending to rely upon in presenting the
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| | law the jury must apply
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| case against you (such as blood alcohol
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| | Jury deliberation
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| test results).
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| | Jury verdict
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| The judge will likely set the date for
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| | Sentencing
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| pre-trial motions and trials.
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| | If you?re convicted for DWI, the judge
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| Preliminary Hearings
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| | may sentence you to:
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| At a preliminary hearing, the judge will
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| | Pay fines
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| be deciding whether the evidence produced
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| | A short jail stay
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| by the prosecutor could (but not
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| | A long jail term if you were involved in
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| necessarily will) convince a jury you
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| | an accident where you injured or killed
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| were driving while intoxicated. While the
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| | someone
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| procedures for this differ greatly from
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| | Probation (internal link) or a suspended
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| state to state, it can be your attorney?s
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| | sentence, with conditions on where you
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| opportunity to size up the prosecution?s
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| | can go and actions you?re prohibited from
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| case.
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| | (such as drinking)
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| ?Plea bargaining' ? negotiating a deal
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| | Community service, working with local
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| with the prosecutor to plead guilty to a
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| | non-profit community organizations
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| lesser charge- is discouraged in DWI
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| | Drug or alcohol counseling or outpatient
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| cases and has even been outlawed in some
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| | or intensive inpatient rehab
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| states. Many legislators feel that DWI is
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| | Install an ?ignition interlock' device on
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| such a serious crime that plea bargaining
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| | your vehicle which prevents you from
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| is inappropriate.
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| | operating your vehicle if your blood
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| There may be cases, however, when an
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| | alcohol content is over a certain level,
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| attorney (at or before the preliminary
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| | typically .02.
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| hearing stage) can reach a deal with the
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| | If your driver?s license hasn?t already
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| prosecutor to have a DWI charge reduced
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| | been suspended, your state Department of
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| to a less serious charge, such as
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| | Licensing may also suspend it for a
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| reckless driving. It may also be possible
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| | certain period of time or put
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| to reach a compromise by agreeing to
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| | restrictions on when and where you can
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| plead guilty to the DWI charge in
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| | drive.
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| exchange for the prosecutor recommending
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| | You?ll need a lawyer to represent you
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| a less severe sentence than if the case
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| | before and during trial. It?s best to
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| went to trial.
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| | find a lawyer you trust as soon as
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| Pre-Trial Motions
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| | possible after being charged with DWI.
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