DUI Court Process

The DUI legal process goes through many stages beginning with your arrest. If you are pulled over by law enforcement or stopped at a sobriety checkpoint because it is suspected that you are driving under the influence, you will be given some form of DUI test. This can include field sobriety testing, breath test or blood test. If you blood alcohol content (BAC) is above 0.08% or higher, you will be arrested for DUI. You can also be arrested if you are on probation for a DUI conviction and your BAC is 0.01% or higher, or if you are under 21 and your BAC is 0.01% or greater.

Court Proceedings

You will have 10 days from the date of your arrest to schedule a DMV hearing. This is an administrative hearing that will determine if your license will be suspended or revoked. In most cases, you will have the opportunity to post bail after your arrest. Your arraignment will be scheduled for the following day, at which time you will get copies of the evidence against you. After the arraignment, a pre-trial hearing will be held where all of the evidence is reviewed. Charges can be reduced or the case dismissed at a pre-trial hearing depending on the circumstances of the case and the skill of your attorney.

If the case isn't settled at your pre-trial hearing, it will go to trial for a final adjudication in the matter. You will need competent legal advice for an attorney well-versed in DUI laws when fighting the charges against you. DUI laws can be extremely confusing and the legal process can involve many steps before your case is resolved. A conviction in a DUI case can result in penalties that can range from mandatory installation of the Ignition Interlock Device, as well as imprisonment and even monetary fines.