People get arrested for driving under the influence (DUI) charges in an assortment of different scenarios. People who cause crashes or drive poorly may end up subject to police officers’ scrutiny and then later an arrest. Individuals taken into state custody due to allegations of impaired driving are often very anxious about what comes next.
People who regularly enjoy alcohol may benefit from learning more about what happens during DUI prosecution so that they can respond effectively to their charges.
After arrest comes arraignment
Individuals arrested on DUI charges typically spend a night in jail. Depending on when officers arrested them, they might spend an entire weekend in state custody. Usually, those accused of impaired driving can only secure their release after arraignment in front of a judge. Arraignment involves the state officially announcing the charges against the individual. The defendant enters a plea. If they plead not guilty, they have an option to respond to the charges at trial.
Judges also determine what terms the defendant must fulfill to secure their release. Some people facing DUI charges get released on personal recognizance, meaning that the courts trust them to return for later hearings based on their connections to the community and personal history. Other people may have to make arrangements to post bail or bond themselves out of jail.
A preliminary hearing comes next
Prosecutors have to present the basics of their case to the courts to establish that they have sufficient evidence to justify prosecution and to secure a criminal conviction. They may also try to negotiate a plea bargain to keep the case from going to trial. A trial may be the next step in the process. In some cases, defendants may be eligible for pre-trial diversion programs at this stage in the process.
A trial is the culmination of the process
The trial process is complex. It begins with jury selection, and then both sides get to present their case. During a trial, the prosecution attempts to prove beyond a reasonable doubt that the defendant violated a specific state statute.
In DUI cases, the evidence that they present may include witness statements, video footage, crash reconstructions and forensic evidence, such as chemical test results. A defense attorney representing the defendant attempts to counter, undermine or exclude the state’s evidence in the hopes of securing an acquittal or convincing the courts to dismiss the pending charges.
The sooner that a driver accused of a DUI offense starts working with a lawyer, the better their chances of avoiding a DUI conviction. Understanding what happens during DUI prosecution can make it easier for people to know what to expect and how to respond to their charges.
