DUI Court Proceedings: What to Expect
By robinjohnso19628844, Aug 29 2017 04:03AM
What should be expected when a person is going to court for a DUI? Many times, there are arguments that can be used in the case to reduce the charges or possibly have the charges dismissed. Even if it feels as though the evidence is insurmountable, consider the benefits of talking to an attorney to find a good defense strategy. In most situations, it makes sense to fight the case instead of simply pleading guilty.
What Happens at the Time of Arrest?
Often, a DUI arrest occurs when a person is stopped in traffic or arrives at a checkpoint. The officer will perform sobriety tests, and then the accused is taken to the police station or the hospital if needed.
In most situations, a person arrested for DUI will be released in a few hours after the arrest. If it is a felony DUI charge, then it might be necessary to post bail before the defendant can leave. Two documents will be provided as the defendant is leaving after the arrest: a temporary license (pink), and a citation requiring a court appearance.
Things to Do After the Arrest
Within the first ten days after the arrest, it is necessary to contact the DMV to schedule a hearing. Otherwise, the right to a hearing could be forfeited, and the driver’s license will go into automatic suspension for 30 days. The best strategy is to let a DUI defense attorney schedule the hearing.
The DMV controls your license. It is looking for probably cause for the stop or citation, and a blood alcohol concentration of .08 or above.
At the jail, it is very important to VOLUNTARILY submit to a blood or breath test, or your license will be suspended for a year if you refuse. The office will get an immediate warrant for a forcible blood draw if you refuse, so they are going to get the BAC anyway! You do not have a right to talk to an attorney prior to choose a blood or breath test. (Robin Johnson recommends blood, not breath).
You are NOT REQUIRED to attend the DMV hearing if you have an attorney. An experienced attorney can handle it for you. After the hearing, the defendant will receive notification of the hearing officer’s decision via mail, normally within 2 weeks from the hearing.
One of the advantages of having an experienced attorney is the opportunity to ask questions every step of the way. If you are facing DUI charges and you need advice from an attorney, then it is important to contact Robin Johnson as soon as possible to help with your case.
This article is intended for informational use only and should not be considered legal advice. All cases are different and results may vary. Please consult an attorney for further legal assistance.
I'm glad that you mentioned an attorney being able to handle the DMV hearing for you. I got a DUI a few days ago and I wasn't sure what the process would be like. I can see how it would be nice to have a lawyer attend the DMV meeting for me because I always hate going to the DMV. http://rhodeislanddefenselawyer.com/ri_dui_defense_lawyer.htm