If you or someone you know has been arrested for driving under the influence (DUI) or driving while intoxicated (DWI), you probably don’t know what to do next or what to expect. The process is complicated and can be very confusing and intimidating. However, having a basic understanding and someone experienced to represent you and help you through the process can dramatically affect the outcome.
After a DUI/DWI arrest, someone will need to post bail. Bail is a predetermined amount imposed by a judge and once set, can be paid to secure your release from jail. Your bail can be posted by anyone; a bail bondsman, a friend or family member. Upon release, a court date will be assigned and provided to you.
This initial court date is known as the arraignment. And it is during this court appearance that you will enter a plea of “guilty”, “not guilty”, or “no contest”. If you plead “guilty”, you may be sentenced then and there. Should you plead “not guilty”, the judge will decide whether or not to alter the bail amount or simply release you on your own recognizance. Additional court dates may then be scheduled, these may include the preliminary hearings, pre-trial motions and trial dates. With a qualified DUI attorney representing you, you may not even be required to appear at the arraignment (depending on the state and particular circumstances).
At the preliminary hearing, which follows the arraignment, the prosecution will present its case and it is critical that you, as the defendant, are well represented. The prosecution will provide the judge and your attorney copies of the police report, field sobriety test and the results of a blood, breath or urine test.
If you need an attorney to protect your rights and help you through the process, you can email us at robin@robinfuson.com or call us at 813.