After a DUI arrest, you will most likely be required to show up in court. This process, also called an arraignment, is designed so that you can arrange a few details. To survive this process in a stress-free manner, you need to know how it works and consider some advice.
You have two ways to plead to your DUI charge: guilty or not guilty. It’s always important to plead not guilty at this time, especially if you believe there is substantial evidence or witnesses that can substantiate your claims. Even if you didn’t pass the breathalyzer test, you should never admit fault in court.
No matter what state you live in, you always have the right to a speedy trial. However, if you need time to discuss matters with your lawyer and assess your case, you can always request that your case be waived. At this time, you will be released from jail if you made bail and you’ll be given a court date.
If there is not a lot of evidence to substantiate your claims, it may be wise to plea bargain. This involves pleading guilty to the offense. Plea bargains take many forms, but generally, these bargains are structured in three different ways. You may be asked to plead guilty to a less serious offense, have a charge dropped and another one added, or agree to a sentence that doesn’t involve a substantial fine or license suspension.
It’s up to you to decide what route to take, but it’s important to know that this is a compromise, not a deal. The prosecutor doesn’t have to make this deal; having a criminal defense attorney during these negations is advisable. Such attorneys know the fine line they can walk with the other attorney, depending on how strong your case is.
If your blood alcohol level was below the .08%, you have a great shot at beating a drunk-driving charge. There are many types of juries, but a jury trial may be a wise request if your state offers them. In this type of trial, it is the jury and not the judge who decides your fate. Your collective peers are given aegis to discuss your case and may even empathize or sympathize with your situation, especially if no one was hurt in the incident.
Heading to court after being charged with a DUI may seem like the end of the world, but it’s navigable when you put together a sensible plan and consult with your lawyer as quickly as possible.
Dealing with a DUI or DWI Charge, nolo.com
Types of Juries, uscourts.gov