What Happens After a DUI Arrest?
By Jennifer Mann
Many of you will be unaware of what will happen after a DUI arrest. Typically, in every state in United states, after a DUI arrest, You will be taken to police station and be subjected to a series of sobriety tests and a breathalyzer test. It is your option to perform both of these tests except in the case of a blood test, which requires a search warrant.
DMV administrative hearing:
Next, your drivers license will be suspended immediately after an arrest and a temporary license is issued in its place. To preserve your right to drive, you must contact DMV and request an administrative hearing within the specified amount of time listed in your notice.
The DMV hearing or an "administrative per se" is held at DMV office before a Driver Safety Hearing Officer of the department. The hearing mainly focuses on the police reports , chemical reports and the testimonial of the witnessess, such as the person who was near you at the time of your arrest and the officer who arrested you. The outcome of the hearing can be positive or negative depending on the evidence as well as your defense.
Arraignment:
The purpose of arraignment is to advise you of your legal rights, to check if you have a lawyer and to appoint one if you can't afford, to announce the criminal charges against you, to ask how you wish to plead to your charge such as, guilty or not guilty or no contest and to announce future court dates.
The date to when you should attend the arraignment is given in your ticket.
Pre-trial conference:
The pre-trial conference is where your lawyer meets district lawyer to negotiate plea bargain. Your lawyer will collect all the discovery materials that serve as an evidence for your case. This may take several visits to the court.
Suppression hearing:
If your lawyer suspects that your constitutional rights have been violated, he or she will file various motions to suppress evidence against you. Most often, the DUI criminal case will come to an end at this stage, if the plea bargain is accepted. If not, you need to face the trial.
Trial:
A trial takes place at the district court where the jury or a judge will examine all the evidence and witness testimonies of your case to decide whether you are guilty or not guilty. Almost in every state you have a right to a jury trial. In the jury trial, the jurors will decide if you are gulity or not and the judge acts upon it.
Sentencing:
If you are found guilty, the court imposes a sentence at the sentencing hearing which is at the same day as trial. Sentences may include fines, jail time, community service, alcohol classes and ignition interlock device.
The information in the DUI Process Manual helps you if you have been recently pulled over and cited for DUI as well as if you have older DUI conviction record and are hoping to expunge or clear your record. You can get very useful and researched information on expunging your DUI record, getting your driver's license back, saving money on your auto insurance and even saving money throughout your whole DUI process no matter what state (US) you are located in.
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