According to the Centers for Disease Control and Prevention (CDC), over 1 million drivers were arrested for driving under the influence in 2016. Whenever a person is suspected of driving under the influence, a police officer or law enforcement official may conduct an investigation to determine if a driver is impaired. This could include the administration of a breathalyzer or field sobriety test. If arrested, an individual may be charged with suspicion of a DUI or a similar charge. Once this occurs, many people wonder how their case might proceed, as well as consider what options are available. Being familiar with some of the potential ways a DUI case may develop may help to reduce anxiety, or allow for an individual to make more informed decisions.
The Arraignment Hearing
After being arrested, an individual will be issued a court date for their arraignment. At an arraignment hearing, a person will be informed of the official charge they face and will be asked to enter a plea.
“Because every person charged with a crime is presumed innocent, we always plead ‘not guilty’ at the arraignment,” said Shawn Sukumar of Price Benowitz LLP. “After we enter the ‘not guilty’ plea, we can request evidence and police reports from the prosecutor to begin the process of investigating defenses and strategies to fight the DUI charges.”
During the arraignment hearing, neither testimony nor evidence will be presented. Once the plea is submitted, a status hearing (also referred to as a pretrial conference) will be scheduled.
Plea Negotiations and Status Hearings
Status hearings are generally scheduled up to a month after the arraignment process. Between the hearings, the defense attorney will review the evidence and build a defense for his client. A lawyer could also negotiate a plea bargain or similar agreement. During the status hearing, both parties will update the court on if an agreement has been accepted. If negotiations are rejected, a trial will be scheduled. It is important to note that the judge is not involved in plea negotiations and cannot change, reduce, or dismiss charges at the status hearing.
What Happens During Trial?
During a DUI trial, the prosecution and defense may present evidence and witness testimony before the court. In many cases, the arresting law enforcement official will testify, and evidence related to the arrest, such as breathalyzer results, may be submitted. Both the prosecution and defense attorneys will also present opening statements and closing arguments. The evidence and testimony will be presented before a judge. In some DUI cases, a jury will hear the evidence and arrive at a verdict.
The Penalties of a DUI Conviction
The penalties for a DUI conviction may vary from state to state. Similarly, the severity of a sentence could change depending on the facts of the case. However, DUI convictions could result in heavy fines or jail time, even for first-time offenders. If an individual has previously been convicted of a DUI before, the penalties may increase. In some cases, mandatory jail time may be imposed. Other common penalties include driver’s license suspension and probationary periods requiring alcohol or drug treatment. Additionally, a DUI conviction could affect an individual’s employment, insurance, and other areas.
