The Stages of a DUI Case

Like any criminal case, DUIs follow a set pattern of stages that begin with an arrest and ultimately end with an acquittal or conviction of charges. On some occasions, there may even be an appeals process.

Although a DUI case is similar to that of other criminal cases, there are some notable differences which every defendant should be aware of when faced with a DUI charge. Whether you were involved in a car accident that resulted in injury or were just pulled over, these will be some of the stages.

DUI Arrest

The first stage of a criminal DUI case is the arrest. An arrest simply means having been taken into police custody without being able to leave. A DUI arrest typically follows a failed field sobriety test or refusal to partake in one altogether.

DUI Booking and Bail

Booking is a bit of an ambiguous term that typically refers to the period of time after a DUI arrest is made and when the DUI suspect is being processed. Being processed can include things like gathering personal information, obtaining fingerprints and mug shot, and being placed in a holding station or jail cell.

When a DUI suspect is placed in jail, one of their main concerns at that moment is being released. Many DUI suspects are given the option to post bail, that is, an exchange of money for release, with the promise of appearing in court for scheduled proceedings. The amount of bail set will depend on any previous criminal history, DUI or otherwise, and the seriousness of the offense.

Seeking the Expertise of a DUI Lawyer

Because the laws governing DUIs and criminal cases vary state by state, it is advisable to contact an experienced DUI lawyer for help. They can explain the entire process to you and advise you of your rights every step of the way. Since most DUI suspects are unfamiliar with criminal proceedings, a DUI lawyer can offer guidance during a trying and uncertain time.

DUI Arraignment

The arraignment is the first time a DUI suspect makes an appearance in court. In many DUI cases, it is also the last time since most suspects choose to plead guilty to charges against them. During the arraignment, DUI suspects will be brought before a criminal judge who will read the charges against them and ask for a plea. This is also the time when the dates of future court proceedings are set.

DUI Preliminary Hearing

Before a DUI case goes to trial, a preliminary hearing typically takes place. The main purpose of the preliminary hearing is for a judge to determine whether or not probable cause exists that, should your case go to trial, enough evidence exists against you for a jury to find you guilty of the charges. In coming to a probable cause determination, the judge will listen to both sides and may even listen to witness testimony.

DUI Trial

Most DUI cases, and criminal cases for that matter, never make it to trial. For those that do, this is the time when a jury will be selected and evidence presented before them with the ultimate goal of reaching a verdict that either convicts or acquits a DUI suspect of the charges against them.

DUI Appeals

Very rarely does a DUI conviction result in an appeal. When someone is convicted of a DUI they may ask a higher court to review their case with the hopes of overturning their conviction. The grounds for an appeal will either be substantive or procedural. The appeals process can be a lengthy and expensive as it typically requires the expertise of an appeals lawyer to be successful.

Tommy Wyher is a Tampa native who works in various startups.