DUI Process

Being charged with driving under the influence is a scary situation. If you have recently been arrested and charged with DUI, it is important to understand the DUI process and the events that are about to occur. It is in your best interest to contact a skilled DUI defense attorney as soon as possible. A defense lawyer will be experienced with the DUI process and can increase your chances of avoiding a drunk-driving conviction.

The first stage of the DUI process is the traffic stop. If a police officer believes that your driving is erratic, he or she will pull you over. During the traffic stop, the officer will attempt to gather DUI evidence against you. This evidence may consist of your behavior and appearance or your performance on a field sobriety test.

If the officer decides that he or she has probable cause to believe you were drinking and driving, you will be placed under arrest for DUI. While it may be in your best interest not to answer any of the officer’s questions, you should cooperate and comply with the officer’s requests. If asked to take a chemical test, most attorneys recommend that you comply. Refusing to take a chemical test may actually result in stiffer penalties than taking the test and failing.

After the DUI arrest, you will be brought in for booking at the police station. During booking you will be photographed, fingerprinted, searched, and interrogated. Again, you may politely decline to answer any questions until you have an attorney present.

A preliminary hearing will be scheduled after your arrest. This hearing is used to determine whether there is enough evidence or probable cause to uphold your DUI charge. It is important to have legal representation during the preliminary hearing.

Depending on your state or jurisdiction, your case may then go to a jury trial. During the trial, both the prosecutor and your defense lawyer will present information and evidence to the judge and jury.

Sentencing occurs if the judge or jury comes back with a guilty verdict. It is during this phase that the judge will announce your DUI penalties, which may include jail time, fines, probation, or a driver’s license suspension. Your attorney will discuss whether or not you are able to file an appeal.

If you have any questions about the DUI process, it is important to contact an experienced DUI lawyer in your state.