Stages Of A DWI / DUI Case

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The first stage of a DUI/DWI court case is the arrest. This can occur after you are pulled over on a routine traffic stop, if an officer smells alcohol in your car, 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 content level (BAC). This is usually conducted with a breathalyzer, but can also be determined through a urine or blood test. If you have a BAC level over 0.08, then you can be found guilty of driving while intoxicated. The laws dealing with 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 are not likely to be punished as severely as if you were responsible for an accident due to your intoxication.

The next stage after an arrest has been made is usually the booking and other decisions regarding bail. This is when you present your statement to the police, they take your fingerprints, and a judge decides if you should be released on bail. An attorney should be present at this point.

The following stage is the arraignment. This is conducted in a court of law and gives the suspect the right to hear the charges that he or she is faced with. Seeking the guidance of a qualified DWI/DUI attorney is necessary so that all litigation processes are describes ahead of time, and the individual is aware of what to expect at the hearing. This stage of the DUI case can take months, since the courts are typically overwhelmed with similar cases.

The final stages of a DUI case include the preliminary hearing, the pre-trial motions, and the trial. These, however, are only necessary if a person pleads 'not guilty' to a crime. In most DUI cases, they are likely to plead guilty because there is typically evidence against them. Drivers are likely to face less severe punishments with this plea. Nevertheless, it is important to contact a lawyer.

If you have been convicted of a DWI/DUI crime, contact an attorney immediately. An attorney can examine your case from beginning to end, looking for evidence that you may have missed. For example, if the arresting officer neglects to inform you of your rights or does not provide you with sufficient reasons for pulling you over, this may provide you with evidence to use in court. An accusation like this has a deep, emotional impact, making you feel frustrated and irrational. If you unknowingly declined to a breathalyzer, blood, or urine test because an officer did not communicate with you well, an attorney may be able to use these claims to support you in court. Moreover, if you are convicted of DWI or DUI, but this is a first time offense, an attorney is qualified to negotiate terms with officials. He or she may be able to decrease jail time, lower fines, reduce community service hours, and more.

A DUI/DWI is a serious offense, one that cannot be taken lightly. With it, you risk damaging your reputation indefinitely. Once your permanent records indicate this conviction, it may be difficult to enroll in college, find a job, or begin a career. Therefore, it is best not to take matters into your own hands. Attorneys have years of experience in law and can uphold your rights in court. Chances are, if you have not been faced with similar charges in the past, you can walk away with minimal punishments. However, if you choose not to seek advise from an attorney, you may face harsher sentences, negatively impacting your credibility.


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