What to Expect When You're Charged With Driving Under the Influence
Dec. 23, 2019
Being charged with DUI can feel overwhelming, especially if you are unfamiliar with the criminal justice process. Understanding the typical timeline and what happens at each stage can help you make informed decisions and feel more prepared for what lies ahead. Contact us at The Law Office of Dan N. Fiorito III today to discuss your situation directly with a licensed legal professional.
After the Arrest
In most cases, once you have been arrested for DUI, you will either be released into the custody of a friend or relative or booked into jail. What happens next often depends on the jurisdiction.
In some areas, such as Seattle, the arresting officer may serve you with a citation for DUI that includes a court appearance date. You must attend this hearing. In other jurisdictions, no citation is issued at the time of arrest. Instead, the police officer forwards the arrest report to the prosecuting attorney’s office. The prosecutor reviews the report and determines whether to file charges. This decision can take weeks or, in some cases, months.
If charges are filed, a summons for arraignment will be mailed to your address. It is important to consult with an attorney before the arraignment. Failing to appear can result in a warrant being issued for your arrest.
Your First Step: Consulting an Attorney
Whenever you are facing criminal charges, your first step should be to speak with a Seattle criminal defense attorney. A consultation allows the attorney to gather the facts of your case and answer your initial questions.
During a DUI consultation, an attorney will typically:
Learn the facts of your case
Explain the criminal process
Discuss possible criminal and administrative penalties
Suggest available courses of action
Answer your initial questions
This meeting should serve as a reference point for understanding what happens next. With clear guidance, you can make informed decisions about your defense and your future.
Arraignment
The arraignment is your first court appearance. At this hearing, the court will ask you to enter a plea. In most cases, defendants enter a plea of not guilty.
The court will also set conditions of release. You may be released on your own recognizance without bail, but the court may impose bail if it believes you present a risk to the community or may fail to appear for future court dates. Even if bail is not imposed, the court may order other conditions, such as driving only with an ignition interlock device.
Pretrial Conference
After arraignment, your case is assigned to a judge. This stage is important, as there may be strategic decisions to make, including whether to request reassignment to a different judge where permitted.
The pretrial conference provides an opportunity for the prosecutor and defense attorney to discuss the case and explore possible resolution. Your appearance is typically mandatory unless properly waived. It is common for DUI cases to involve multiple pretrial conferences.
Motion Hearings
If legal issues arise, your defense attorney may file motions and request a motion hearing. These hearings usually occur before trial. Motions may challenge the legality of the traffic stop, the arrest, or the admissibility of evidence such as breath test results.
Successful motions can significantly impact the case. In some situations, suppression of key evidence may lead to a favorable resolution. If the case is not resolved after motion hearings, it proceeds toward trial.
Trial
DUI cases are often tried before a jury of six people. Jury trials typically last between one and three days, depending on the complexity of the case and the number of witnesses.
During the trial, both sides present evidence, examine witnesses, and make arguments. The jury then deliberates and returns a verdict.
Sentencing
If the jury finds you not guilty, the case is concluded and no penalties are imposed. If the jury returns a guilty verdict, sentencing is conducted by the judge. Sentencing often occurs on the same day, although it may be scheduled for a later date.
Sentencing is a critical stage. A prepared defense attorney will advocate for the lightest and fairest sentence allowed under the law, presenting mitigating factors and arguments on your behalf.
Get Experienced Legal Help
If you are charged with a DUI or expect DUI charges to be filed against you, Dan Fiorito can help. DUI is a serious offense that carries both administrative and criminal penalties. In order to understand these penalties and the criminal process, you should consult an attorney.
All of Dan’s DUI consultations are free. Through a consultation, Dan can discuss with you your situation and your options in defending against the DUI charges. The information discussed in a DUI consultation is confidential, even if you choose not to retain Dan’s services.
A DUI case has several important phases. The DUI case begins on the night of the arrest and may conclude with a jury trial, a plea bargain to a lesser charge, an outright dismissal, a deferred prosecution, or a conviction. Whatever the final outcome, a person charged with DUI needs to understand the implications a DUI will have on their driving record, their job, their family, and their criminal history.
In order to protect your rights, and to maximize your likeliness of an optimal outcome, you should contact Dan immediately after you have been arrested for DUI.