What does a DUI arrest do to my job? My license? Maybe you’ve never even been inside a courthouse. Now you are in front of a judge, facing a serious felony. If you’ve never been to a DUI court, this can be very stressful, but knowing what to expect at a DUI court can ease some of that tension. What you can expect, what papers you should have, and how an attorney can help. At Platinum Criminal Defense Law Firm, David Benowitz is a member of the national college of DUI defense and is rated AV by Martindale-Hubbell and 10 out of 10 on AVVO. He is also on the faculty at Harvard Law School’s Trial Advocacy Workshop.
DUI Charge? Here’s What To Expect at Your DUI Court Hearings
A DUI court hearing is a legal hearing in which the judge will decide some aspect of your case. The purpose will vary based on where you are in your situation and the sort of hearing. Some hearings concern your rights, your court dates, or your conditions of release. Some are about the trial, including the arguments of the law, evidence, etc. There are various types of DUIs. This will vary based on state law, circumstances, and court process. Your first court appearance doesn’t have to be long, but it is crucial.
The first court date.
The first of these hearings is frequently called an arraignment. The judge will often read the charge and ask you to plead at the initial hearing. You will enter a guilty plea, a not guilty plea, or a no contest plea (if available). If you plead not guilty, your case will continue, and your lawyer will analyze evidence for your case. The judge may also impose a bail or other release restrictions. Examples of such rules include no travel, no drugs or alcohol, no contact with certain people, etc. Conditions will vary by instance and jurisdiction. Bring a copy of your summons and any documents related to your arrest. Dress well, come early, and be prepared to listen to the court officials. These tiny things will help you put any stress you may still have at ease.
What to Tell the Judge
Remember that the judge is there to enforce the law and ensure that you are treated fairly in the case. The court may need to identify you, talk about the charge, and make sure you understand your rights. The court may also set further hearing(s). If possible, ask the court to give your attorney more time to find counsel. You may not get to tell the full story during your initial hearing. First hearings are not often trials. They’re not going to “make up a meeting” and “decide guilt.”
Examine All the Evidence
After the first hearing, your lawyer can begin reviewing the evidence the state has against you. To indicate to the prosecutor what may be proof of the charge. Examples of evidence include:
- Police notes/report.
- Footage from body cameras or in-car cameras.
- Tests of blood, breath, or drugs.
- Results of field sobriety tests.
- Statements/reports from witnesses.
- Traffic stop evidence.
Your attorney will review the evidence that was made against you. They will look for errors, mistakes, and inconsistencies in the report and video. For example, an officer may claim you were driving carelessly. It might be a video of anything else. This applies to a test run with a result as well. Discovering a problem does not mean that your case is over. It offers your lawyer a chance to explore other possible defenses and how to proceed.
Motions and hearings before trial
Depending on the circumstances of your DUI, there may be more appearances before trial. These are called pretrial hearings. They are a means of asking the judge to evaluate legal concerns and prepare the case for the next stage. Your attorney can make a move to strike the evidence or to exclude the evidence. This requests the judge suppress evidence the police acquired illegally. For instance, a lawyer may object to a traffic stop where the officer had no legal cause to stop you initially. An attorney may also argue about how the police searched you or took a test sample. The judge may request both sides of an argument before rendering a decision. If the judge is basing his or her decision on substantial evidence, then it may be more difficult for the prosecution to proceed with the case. However, not all successful motions will end the dispute.
Negotiating a Plea
Some DUI cases won’t go to trial but will be resolved via plea bargain. The prosecutor and the defense will come to terms of settling the matter in a plea bargain. It may be an offered sentence or charge. Depending on facts and state law and the prosecutor’s position, the terms vary. Talk to your attorney about the offer, the risks involved, and possible outcomes if you go to trial. Also, know how a plea could affect your license, record, job, and future plans. Don’t be forced into signing a contract you don’t really understand. There are alternatives, and your lawyer can help you consider them.
Do You Want to Go to Trial?
If you decide not to accept a plea, then you can move to trial. The prosecutor must prove the charge to the applicable standard of the law. Both parties can offer evidence and witnesses, cross-examine each other, and object to the other’s remarks. Your attorney can cross-examine the officer, question the test results, and raise flaws in the state’s case. The judge or jury then evaluates if the charge has been proven. If guilty, a penalty may follow then or later. If you are not guilty, the court will dismiss the charge. This can be a lengthy process, but there is a reason for each step. Your lawyer can educate you and let you know what to expect.
What Are DUI Lawyers Like?
Then, the DUI lawyer will help you understand what the judge may say and what to expect in any way on any court date. The lawyer can analyze test records and police reports and file motions accordingly. David Benowitz of Platinum Criminal Defense Law Firm is experienced in DUI and criminal defense. He has an AVVO rating of 10 and an AV Martindale-Hubbell rating. A DUI lawyer can talk with you about what to do and what your rights are if you are charged with a DUI or other criminal charge. If you are interested in the link, be sure to check recent business services and contact information.
Prepare for the Court Date
Knowing what you’re up against will lead to a smoother DUI hearing. Keep track of your papers, follow any court orders, and show up to whatever hearing you must attend. If you do receive a new notice, or you can’t make a date, call your attorney. Go to court, otherwise you may suffer harsh repercussions (such as a warrant, in some cases). Not all DUIs weigh the same. Visiting an attorney immediately rather than later will allow you to know what to expect and how to protect yourself.
Frequently Asked Questions
1. What occurs at the initial DUI court hearing?
Short answer: You’ll be notified of the charge against you and will be asked to plead to it.
Long answer: In addition, the judge may explain your rights to you, make findings necessary to define your bail, and schedule hearings to follow the initial hearing. There is no trial stage at the first hearing, and guilt is not determined at that hearing in that court.
2. Should I have an attorney attend DUI court with me?
Short answer: A DUI lawyer can help you defend yourself and protect your rights.
Long answer: They can also aid by explaining the case against you, if you have questions, discussing the evidence with you, and defending you in court. They can also explain plea bargains and prepare you for future court proceedings.
3. What should you bring to your DUI court hearing?
Short answer: Your court notification and all case documentation.
Long answer: Be prepared, bring all the court records, all the attorney information, and any documents you need. Arrive early for court and learn the rules of the court about cell phones, bags, etc.
4. Can a Court Dismiss a DUI?
Short answer: Yes, albeit not always.
Long answer: Sometimes, but not always, and a judge can dismiss a charge. Having the motion granted may lead to key evidence being removed and so weaken the state’s case on the defendant. It is contingent upon the type of court.
5. How Many Hearings Are In A DUI Case?
Short answer: It varies by state and circumstance.
Long answer: Some may be resolved in a few sessions, while others have several hearings or trials before trial. Delays, availability in court, plea talks, and arguments about evidence may feature in scheduling. Your attorney will have a better idea of how long your case may take.
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