Driving Under the Influence Lawyers
By: Mike Stetzer
Driving under the influence lawyers can play a part in the process if you have been arrested and charged with driving under the influence. The legal process can be confusing and intimidating for someone who is facing DUI charges. There are numerous factors to consider, and the aspects of a DUI case might seem foreign to someone who is inexperienced.
One place that a DUI lawyer may be able to provide help and guidance is in the courtroom. There are several courtroom stages of a typical DUI case, and a lawyer may help you prepare and execute a defense strategy.
How will the laws affect your case? Get a free case evaluation with a local driving under the influence lawyer when you complete the free form on this page.
Courtroom Stages of a DUI
The arrest, booking and bail are the first and most standard parts of a driving under the influence case. Then comes the courtroom component, and this is where many people want the help of a DUI lawyer. The amount of time spent in court can vary from one case to the next. Some cases go no further than the arraignment, in which a DUI suspect can plead guilty to the crime, while some go on to the preliminary hearing and a trial.
Here are some common components of a DUI trial:
The DUI Arraignment
The arraignment is the first time that someone charged with a DUI will appear in a courtroom. The person charged will typically appear in front of a criminal court judge where he or she hears the charge and a series of questions. Among these are questions of whether the person charged has legal representation, whether the plea is guilty, not guilty or no contest and what the amount of bail will be or if the defendant is released. Finally, any future proceedings are announced.
The arraignment is also when certain legal documents are exchanged, including police reports and notes, and blood test results results.
A lot of DUI cases don't go beyond the arraignment, but when they do, they move to the preliminary hearing.
A DUI Preliminary Hearing
In a DUI case preliminary hearing, the judge determines whether there is enough evidence for a DUI case to go to trial. There are legal standards that the judge uses to make this determination, which typically rate whether the state has enough evidence to convince a jury of a charge.
DUI lawyers will typically make their arguments at this point, as the judge hears from the prosecution and the defense. Witnesses can be called and evidence can be presented.
Often, the only DUI cases that go to trial that have a preliminary hearings are for felony charges, even for those who enter a not guilty plea. This hearing is also avoided if a plea bargain is reached.
Pre-Trial Motions in Driving Under the Influence Case
Pre-trial motions are made to cover a number of issues, including what evidence should be used and which witnesses should be heard in a DUI trial. The legal arguments that will be made are also brought up by the prosecution and by DUI lawyers.
In the trial itself, a jury looks at evidence to determine if a crime has been committed beyond a reasonable doubt. Each side argues its case, from prosecutors to DUI defense lawyers.
Most DUI cases don't go to trial, but when they do, a DUI lawyer representing someone charged with driving under the influence can guide their client through jury selection, opening statements and testimony, closing arguments and the jury's decision.
Talk to a Lawyer if You've Been Charged With Driving Under the Influence
As you can see, even the most straight-forward cases may be very complicated. That's why so many people want the help of a driving under the influence lawyer.
Your lawyer may answer your questions and help you defend your rights. Don't wait to take action. Get a free case review from a local DUI lawyer when you complete the free form on this page.