Stages Of A DWI / DUI Case

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The first stage of a DUI court case is the arrest. This can happen after you are pulled over on a routine traffic stop and an officer smells alcohol or after you have caused an accident. Whenever an officer suspects that you have been drinking, they are allowed to administer a test to find out your blood alcohol level. This is usually done with a breathalyzer but can also be determined through a urine or blood test. If you have a blood alcohol level over 0.08, then you are guilty of driving under the influence. The laws surrounding this type of conviction are quite vague since it typically depends on the exact nature of the crime. If you were simply pulled over and tested higher than the approved level, you won’t be punished as severely as if you were responsible for an accident due to your intoxication.

The next stage after arrest is usually booking and bail. This is where you enter your statement to the police, they take your fingerprints and a judge decides if you should be released on bail.

The following stage is the arraignment. This is done in a court of law and gives the charged person the right to answer to the charge that they are being faced with. By this time, they will have usually gotten the help of a lawyer who will help them in the arraignment process. This stage of a DUI case can take months since the courts are very tied up with this kind of case.

The next stage is the plea bargain. This is where the defense and the prosecution will try decide on what the guilty party should be sentenced to. If you have been a victim of a drunk driver, consult with a lawyer as soon as possible. You have many rights if you have been in an accident with a drunk driver and you should not be held responsible for paying for the repairs to your car or medical expenses, but you will need a qualified lawyer to help you with this complex process. There are lawyers and law firms who deal solely with drunk driving cases, so they will be able to ensure that you get the money that you deserve.

The final stages of DUI case are usually the preliminary hearing, the pre-trial motions and the trial. These will only be needed if the defendant pleads ‘not guilty’ to the charges. In most DUI cases, they will plead guilty because there is so much evidence against them, but it is still important to contact a lawyer.