The stages of a DUI case range from pre-litigation to sentencing and a DUI lawyer will be able to guide the defendant through the stages smoothly. There are nine main stages to a DUI case and they are the arrest, booking and bail, arraignment, plea bargain, preliminary hearing, pre-trial motions, trial, sentencing and appeal.
Stage 1: The Arrest
The most obvious first step of a DUI case is the initial arrest of the suspected person of driving under the influence. The DUI arrest will occur when the officer has probable cause for DUI or after a field sobriety test has been performed and the driver has failed the test. The blood alcohol limit for motorists in the United States is .08. Anything higher than .08 will automatically result in an arrest.
Stage 2: The Booking and Bail
Stage two of a DUI case is booking and bail. The suspect that has been arrested will be taken into custody and booked. During a booking the officer will record the personal information of the suspect, take the suspect’s fingerprints and photograph, confiscates all personal property of the suspect and is then placed in a holding cell. The bail of the suspect will be determined based on the prior criminal history of the suspect as well as how many other DUI offenses the suspect has been charged with.
Stage 3: Arraignment
Stage three of a DUI case is the arraignment. The arraignment of a DUI suspect usually marks the first and final time a person is in court because more often than not the suspect will plead guilty if the evidence is too strong against him or her. The arraignment includes the judge reading the criminal charge against the suspect to the suspect, asks the suspect if he or she has an attorney, asks the attorney how he or she pleads guilty, the judge decides whether or not to alter the bail and the judge announces the future dates of the case.
Stage 4: Plea bargain
The next stage of the case is the plea bargain. This is when the defendant and the defendant’s attorney begin to bargain with the prosecutor assigned to the case. If a deal is reached the case will more than likely not go to court.
Stage 5: Preliminary Hearing
A preliminary hearing is basically a trial before the true trial. The preliminary hearing is when the judge determines whether or not there is enough evidence for the defendant to stand trial.
Stage 6: Pre-trial Motions
Pre-trial motions are when the defense and the prosecutor meet in the court before the judge. The discussions that will ensue include whether or not certain evidence should be included in the case or whether or not certain people should testify in the case as well. One popular argument made during a pre-trial motion is that the judge should not allow an admission of guilt by the defendant because the officer did not let the suspect know his or her Miranda Rights.
Stage 7: Trial
During the trial phase of the case the jury will be selected, the opening statements will be given, the witness testimony will be given, closing arguments will be made, the jury will be instructed and the jury deliberation will begin and a verdict will be reached. Once the trial is complete the sentencing will take place.
Stage 8: Sentencing
The sentencing will include a payment of fines, a jail term decided, probation, a suspended sentence, a suspension of a driver’s license, community service or being sent to a drug or alcohol rehabilitation facility.
Stage 9: Appeal Process
The appeal process of a DUI case is when the defendant’s attorney will appeal the decision made regarding his or her client. The appeal will be sent to the higher courts to be ruled on. This can result in the decision being upheld or overturned.
- If you need legal assistance with a DUI Charge, please consult with a DUI Lawyer near you to discuss the details of your case. This website is for informational purposes only, and nothing stated here should be taken as legal advice!
