| If you've been detained for a DUI, your first call needs | | | | will do this by requesting police reports, Breathalyzer |
| to be to a DUI lawyer. The reason is that DUI | | | | results along with other information. This request is also |
| convictions carry with them steep penalties that can | | | | called "discovery" and it can help your attorney to |
| hurt you for many years. Your attorney will not only | | | | "discover" any holes in the prosecution's case against |
| defend your case, he/she will also inform you of the | | | | you. |
| state's DUI charging process. Each state follows the | | | | This hearing is generally held to make sure that your |
| basic steps; however, specific steps can vary based | | | | case is continuing on a good pace to be resolved. |
| on the state you are being charged in. | | | | During the hearing, your lawyer will talk with opposing |
| Once you are arrested for DUI, you'll be put into | | | | counsel about the kind of deal the state is proposing. |
| custody, read your Miranda rights and taken to the | | | | This is also the time both parties will inform the court of |
| police department to be booked. Once booked, you'll | | | | motions they would like to have heard. A continuance |
| be put into a holding cell or jail. Next, you'll be given the | | | | may also be granted if your attorney needs additional |
| option to post bail so that you are released from | | | | time to discover evidence or chat with the prosecutor. |
| custody pending your court hearing. When you show | | | | If you choose to turn down the state's offer, your |
| up, the bail monies you posted will be given back to | | | | case will continue further and more court dates are |
| you. If you don't post bail, you remain in custody until | | | | going to be set. It's not uncommon to have more than |
| your court hearing. | | | | two or three pretrial hearings. |
| Your first court appearance will be an arraignment. | | | | Next, you'll have the motions hearing and trial. What |
| Arraignment does not mean you get to argue your | | | | are motions? These are legal arguments as to why |
| case. It's just a simple judicial step where you're | | | | evidence should or should not be thrown out of court. |
| formally charged with the crime(s) and you plead either | | | | There are all kinds of pretrial motions a criminal |
| Not Guilty, Guilty or (in some states) No Contest. During | | | | attorney can file; the DUI lawyer you hire will know |
| this time, you will have the chance to converse with | | | | what motions apply to your case. Motions often lead |
| your public defender if you don't have the capability to | | | | to evidence suppression, usually leading to how strong |
| hire a private lawyer. Even though this is your | | | | the prosecution's case is against you. If evidence is |
| arraignment, you should already have legal | | | | suppressed, the lead prosecutor may cut you a better |
| representation at your defense because he/she can | | | | deal or throw out the case entirely. |
| advise you on what to say and what to do. | | | | During trial, the prosecution will present the evidence it |
| Regardless if you have a defense strategy or not, | | | | has against you. Like any case such as a DUI case, |
| plead "Not Guilty" at the arraignment. Once the hearing | | | | there are several factors that the prosecution must |
| is complete, the judge will lay out your release | | | | prove to get a conviction. Your attorney will try to |
| conditions and set forth a date for your next court | | | | disprove these factors. Remember that even though |
| date. | | | | you are prepared for trial, it doesn't mean you feel less |
| Before you attend the pretrial hearing, the DUI attorney | | | | stress; it just means you can wade through the |
| you hired will need to be examining your case. He/she | | | | process a little easier. |