An Overview of the DUI Process in Court

Getting pulled over and arrested for driving under the influence of alcohol, also known as DUI, is just the beginning of a long and time-consuming process that will usually end with a court trial determining your guilt or innocence on the charges brought forth by the state.  What can you expect when dealing with a DUI court trial, and what kind of steps will be taken in the DUI process?  There are many different possible legal outcomes of a DUI trial, but it is possible to look at a brief overview of these types of cases to determine what you might likely encounter.

Understanding the DUI Process

• The DUI court process will typically start with a preliminary hearing: During this court hearing, the judge will be present, along with you, your attorney, the police officer who made the arrest, and the district attorney or a representative for the state.  The facts of the case will be presented to the judge by the police officer and the district attorney, and you will have a chance to enter a plea of guilty or not guilty, and rebut any facts you consider to be incorrect.  After the judge has heard all of the evidence, he will determine whether or not there is enough evidence to justify a trial by jury.

• If you are having a jury trial, the court will begin by selecting the jury, which is a process that can take several days or several weeks.  Once the jury is selected, your trial will be assigned to a hearing date. 

• If the court has decided on (or, where eligible, you have opted for) a summary trial, which is held before a judge without a jury, you will be assigned a hearing date at which time you must be present in court.  If you have made bail and are out free, you will need to make arrangements to get to the court.  If you are incarcerated as a result of your arrest, you will be brought to court by the jailers.

• Once the trial begins, the state will present its case to the court and the jury, and your attorney will have a chance to cross-examine. 
• Then, you will have a chance to present your case, aided by your attorney, and the state’s attorney will be able to cross-examine you. 
• Afterwards, each side will make closing arguments summarizing the information presented, and the jury will meet in closed quarters to determine whether or not they feel the evidence was sufficient to convict you.

Getting Help

When a DUI goes to court, you need the help of a lawyer to deal with the court procedures and to make sure you make a convincing case for your innocence. An experienced lawyer will make sure you comply with all legal requirements and will help you mount the best defense possible.