If you or someone you love has been arrested for a DUI, you may be wondering what to expect. In many cases, those who are arrested for a DUI have never been arrested before. This can be an extremely confusing and scary process. To better help you understand the process, please read the below information.
After a DUI arrest takes place, the suspect usually posts bail. Bail is a predetermined set of money imposed by a judge. When that amount is set, you can be released from jail. Anyone can post bail for you: a friend, family member of bail agency.
When you are released, you will be given a court date. This court appearance is called an arraignment. At the arraignment the DUI suspect will enter a plea of guilty or not-guilty. For a plea of guilty the suspect may be sentenced immediately. If a plea of not-guilty is entered a court date will be given for the trial. During the arraignment the suspect will also have the option of representing themselves, accepting a court appointed attorney, or using their own attorney.
That is a key decision making point for the defendant. It is HIGHLY recommended by anyone knowledgeable in law to use your own attorney. When battling a DUI charge it is imperative to use a lawyer specializing in DUI law for that state. With a skilled DUI lawyer on your side you may not even have to appear at your arraignment depending on the state and particular circumstances.
What will a DUI lawyer do for me at this time?
Your lawyer will be filing important pre-trial motions to protect your liberties. This is where your lawyer will:
• Attempt to have your charges thrown out
• Determine if the police officer had a "reasonable suspicion" to stop you
• Determine if the officer had "probable cause" to arrest you
• Suppress any statement you made in custody because you were not read your Miranda rights
• Suppress any improperly obtained sample of your blood, breath or urine
• Suppress any other illegally obtained tangible evidence that can be used against you in a court of law
At this time, your pretrial hearing will be scheduled to determine these issues. The judge will then decide whether or not to throw your case out or proceed on to trial.