If you are a 1st time DUI defendant, you likely are worried and wondering what to expect in court. Each state has slightly different procedural standards, so your experience may vary slightly in your jurisdiction.
First Time DUI Procedures
A little bit of knowledge can help relieve the anxiety and fear you may be facing. If you are facing a first time DUI, here is a general outline of what you can expect:
- Once you are arrested on DUI charges, you will likely spend at least one night in jail. Your first court appearance, which is sometimes the morning after your arrest, will be an arraignment. At the arraignment, you enter a plea. If you have not yet hired a private criminal defense lawyer, you might be appointed a public defender who will appear at this court hearing with you. If the public defender waives a reading of the charges, that just means that the charges against you will not be read aloud in the court room. (See also first DUI court date).
- A discussion of bail is likely to ensue with your attorney or public defender arguing for a lower bail or that you be released without bail, and the district attorney in your case arguing for a higher bail usually. Your attorney may talk to you prior to this to find out how much bail you can afford to pay. The judge will then make a decision regarding bail and set a court date for your next appearance.
- Your next court appearance is where your attorney and the attorney who is prosecuting your case commence negotiations. The prosecutor may, at this time, offer a lesser charge in exchange for a plea depending on the specific facts of your case, including blood alcohol level, whether anyone was injured, whether property damage occurred and other factors. Your attorney should discuss the offer with you and give you a chance to decide whether it is in your best interest to take the plea. If your DUI can be reduced to an infraction instead of a crime, it may be a good idea to accept a plea. If not, then a trial date will be set.
Getting Legal Help
If you are dealing with a first time DUI charge, talking to a lawyer can help. An attorney will help you better understand your rights, the legal process and what you should expect. He can assist you with preparing a defense, negotiating with the prosecutor in your case and taking your case to trial if necessary.
