Search
(833) 989-1443
 

If it’s your first time in a courtroom, remember that you’re not alone. Court is an unfamiliar place for many people who receive their first DUI, DWI, OUI or OWI, but it can also be the place where you successfully defend case. It’s important to know what to expect when your court date arrives — the last thing you want on your court date is a surprise. There are usually several proceedings following a suspected DUI arrest: an arraignment, a preliminary hearing and the trial. Here’s what to expect at each stage.

Arraignment

An arraignment is a pre-trial proceeding that’s also referred to as an initial court appearance. An arraignment occurs in a lower court where you, the defendant, will hear the charges brought against you, along with the criminal sentence if you are convicted. You will submit a plea of guilty or not guilty at your arraignment. If you submit a guilty plea, the judge may set a sentencing date, and this will be your final day in court. If you plead not guilty, a court date will be established. It is advised that you hire a private or state-appointed attorney if you wish to proceed to a hearing or trial, as they have the expertise to defend your case. If you plan on fighting your charges, you may need to post bail.

Get Started With A DUICare Expert

Call Now (833) 989-1443
 

Preliminary Hearing

A preliminary hearing will be held if you plead not guilty to the drunk driving charges brought against you in the arraignment. A state prosecutor, or state attorney, will present all the known facts to your case. They will use police reports and may even call any eye witnesses to undercut your case and prevent it from moving forward to a trial. If the prosecutor doesn’t have sufficient evidence against you, the judge will then determine if your case will be dismissed or if it needs to go to trial.

Trial

During a DUI trial, a state prosecutor will once again provide all prior evidence, new evidence and any testimonies they have against you, and you or your attorney will use any resources available to defend your case in front of a jury. After closing arguments, the jury will deliberate and arrive at a verdict. If the jury’s decision is not unanimous, the judge will call for a retrial to be held at a later date or declare a mistrial. If a mistrial is declared, the case will be dismissed and the charges against you will be dropped.


After the trial

It’s important that you come to terms with the consequences of your arrest and make necessary plans as soon as possible, even if there’s a chance your charge is dropped. With a drunk driving conviction, you may face several penalties, including fines, public service hours, jail time, installation of an ignition interlock device, alcohol treatment and more.

Here are a few additional tips you should know prior to appearing in court:

  • Dress professionally. Courts will usually have some form of dress code, and it’s in your best interest to present yourself as respectable and professional as possible. Wear modest clothing and avoid excessive jewelry. Avoid wearing items like sunglasses or hats, as a judge may make you remove them regardless.
  • Stay organized. Keep all arrest documentation, list of witnesses, declarations, photos/exhibits and any other court papers. If you fill out forms, remember to submit them on time. Make copies of your documents, and retain all original records. Ensure that you have all relevant records on hand at all times.
  • Know all details of your arrest. Review the police report thoroughly and be sure to ask your attorney if you have any questions regarding your case. Make any notes about your arrest as soon as possible while the event is fresh in your mind.

If you need assistance with finding a DUI attorney, or any other DUI related issue, DUI.org can help — call now to speak to a DUICare agent.