How Police are Involved in DUI Prosecution

The police DUI prosecution involvement is limited to investigation, arrest and testimony at trial generally. The police may work with the prosecution to establish the facts to prove a DUI case. Once the matter is taken to court, the police role is more limited.

DUI Prosecution and the Police

The police are usually involved at the first stages of a DUI case. Most DUI cases come about because of police actions or investigations. This can happen through a police stop, a DUI checkpoint or by other police means. Sometimes a DUI defendant is captured as a result of an accident which brings police to the scene. When a driver is found drunk at an accident scene, an arrest is usually made and evidence is sought.

The police must follow procedural law in executing an arrest or investigation for DUI or any other crime. The investigation must be based on probable cause for the police to do certain things. Once an arrest is made by police, the case is usually handed over to the prosecutor soon thereafter. The police may work with the prosecutor to continue to investigate the case or secure evidence in the case and may testify at a hearing or at trial regarding the case.

The prosecutor has some leverage in prosecuting cases in court. The prosecutor may also be able to offer you a plea bargain depending on the situation. The prosecutor handles the criminal justice case, whereas the police investigate and open a case. Once a case has been established, the police must turn it over to the prosecutor's office in order for anything further to be done with it. It may be handled promptly or it may be dismissed depending on whether the prosecutor's office decides to try it. You will be notified when formal charges are brought in an arraignment hearing. When you face criminal charges, it is best to get legal help immediately.

Hiring Legal Counsel

A DUI can lead to serious consequences including fines, jail time, mandated courses, loss of licenses and loss of rights or freedoms. There is also a stigma associated with any criminal conviction that can make it difficult to get future employment or rent a residence. Because of the dire consequences of a DUI conviction, it is in your best interests to seek experienced legal counsel immediately upon being charged with such an offense.