I am new to the legal system. What is the process
that I will go through during my DUI prosecution?
You will first be arraigned by the court. This
simply means that the court will explain the charges against you and enter a plea of either guilty or not guilty. You should never enter a plea of guilty on a DUI at arraignment because the consequences of a DUI conviction
are severe and a good lawyer may be able to help you minimize them. After the
arraignment will be pretrial hearings. At the pretrial hearings your lawyer will
negotiate with the prosecutor based on things like the legal facts of your case, your criminal history, and the state of the
DUI laws. During this time you’ll have an opportunity to see the evidence
against you and to discuss it with your lawyer. You and your lawyer may decide
that it is best for you to plead guilty to a lesser charge or to bring legal motions and fight your DUI charge altogether. If you decide to fight the DUI charge then your lawyer will bring legal motions on
your behalf and the judge will determine if the charges against you should be pursued or dismissed based upon the specific
facts of your case. If your case is not resolved by this point then it is likely
that the case will be scheduled for trial. At trial a jury will determine whether
or not the prosecutor can prove its case against you beyond a reasonable doubt. If
a jury decides that you are not guilty then you walk away never to be bothered by this again.
If the jury decides that you are guilty, then the judge will impose a sentence upon you. If you agree with the jury’s and judge’s decision then you abide by it. If you disagree with the decisions, then you may have an opportunity to appeal it to a higher court.