What Happens When You Get A DUI?

By Find A Seattle Attorney On March 26, 2011 · 1 Comment · In DUI Attorney Seattle WA, DUI INFO, DUI Law

What Happens When You Get A DUI?

After being arrested for a dui most people are usually pretty stressed out, and have no idea of how the legal system works. We will show and explain the basic process.

DUI Arrest

Police officers don’t really need a lot of reasons to stop you if it is the right time of day. Simple infractions that would be generally be ignored during daytime hours, become the reasons for dozens of traffic stops. For example, speeding 3-5 mph over the speed limit, or pulling to close to a traffic light intersection. Nonetheless, when you are (or were) pulled over, you were probably asked if you had been drinking. Next, the officer likely asked you to do some field sobriety test, and to take a portable breath test on the roadside. After that, you were probably read your rights and placed in the patrol car, and taken to a station to do a breath test.You may have even gotten dropped off at a local all night restaurant (nice huh). Then, after a bit of sleep, is when your search for a DUI Attorney and DUI information generally begins.

Important Issues After Your DUI Arrest

As the nightmare begins, you probably know that you have to appear in one of the local municipal courts or district courts. Although some jurisdictions can wait several weeks or months before charging you and sending you a summons to court.

What Happens At Court?

Typically, your first court dates are going to be what is called a first appearances or arraignment. At this court date, you will likely be packed into a courtroom with a lot of other unfortunate souls, who are likely as freaked out as you are. You will hear a judge or court commissioner read your basic constitutional rights (usually read to the entire group of freak out people to save time).

You eventually will hear your name called and you will be told what your charges are. You may be asked if you want an attorney before you proceed. Sometimes there are court appointed lawyers that help you in court for this appearance.

The court will hear the prosecutor read highlights from your police report. You may be surprised at the creative rendition of events (or not). The court will likely find that there is probable cause to keep you in the court system and proceed with your DUI charges. They will also likely set release pre-trial conditions. These will generally consist setting a bail amount (although many do not require bail if you have no prior charges), and other conditions of release. You will also receive your next court dates. These dates are typically called Pretrial dates.

Note: It is wise to have a DUI Attorney with you at this court date to avoid any problems or complications. Hopefully, you have been able to contact a DUI Attorney very soon after your court date. (Other helpful DUI Attorney Stuff At the Bottom)

What Happens While You Wait For Your Next DUI Court Date?

Hopefully, you have a DUI Attorney at this point. If you don’t you should. It is really not a good idea to handle these matters on your own–no really it’s not.

Your DUI Attorney should have sat down with you by now, and listened to your version of facts, and they should also have an idea of any special issues you may have. You should also have an idea of what strategies or general options are available to you. In my experience this helps you alleviate stress.

your DUI Attorney should have also filed all of the appropriate paper work on your behalf, and is likely waiting for “discovery” to be supplied. Discovery is the evidence that is against you. The State has a duty to disclose it. This can take a few days to a few weeks for your DUI Attorney to get.

Once, your DUI Attorney receives your discovery he should thoroughly review it, and then allow you to review it. At this point, a more formal strategy and more precise options should begin to emerge.

Once, your DUI Attorney understand the evidence against you, he or she may also begin to negotiate with the prosecuting attorney’s office to resolve your case.

Pretrial Court Dates (The Next Court Dates You Will Get)

After your first go at court, you will likely be told to appear at a pretrial court date. Three things generally happen at a pretrial date:

You and your DUI Attorney will resolve (plead) your DUI Charges in Court.
Your DUI Attorney will continue your DUI Case to another future date (often called a continuance).
Your DUI Attorney will set your case for Trial or special motions hearings. If this happens you should be scheduled for a Trial Readiness Date and an actual Trial Date.

How Long Will My Case Go On?

Our experience is that a DUI case usually lasts between 30 to 90 days, before it is resolved. If you have complications, it may take longer. Before, resolving your case, it is vital that you understand the evidence against you, options available, and the pros and cons of each option that is available. Any good DUI Attorney will have gone over all of these issues so you are not in the dark.