About DUI Court Hearings

When you receive a citation for driving under the influence, DUI, it is unlike a normal traffic ticket. From the time you are taken into custody, you begin a process that starts with arrest and ends with criminal charges. In some states, DUI is known as DWI, or driving while intoxicated.

History

Many factors that go into determining the severity of a DUI offense. Prior convictions for DUI will result in more severe penalties. Other factors that effect the outcome of a DUI case include whether the vehicle involved was commercial, whether there was a child in the car at the time of the offense, and whether any other moving violations were committed concurrently with the DUI. Resulting property damages or injury to other people during the commission of the DUI infraction may also be taken into consideration.

Arraignment

The first step in a DUI hearing process is the arraignment. The arraignment is where the defendant is brought before the judge to enter a plea. The judge reads the charges and the defendant then enters a plea of either "guilty," "not guilty" or "no contest." A guilty plea is an agreement to the charges and acceptance of the punishment without a defense or denial of the charges. Not guilty means that the defendant disagrees with the charges or believes they have a defense to said charges. A plea of no contest is not plea of guilt or innocence, it is merely acceptance of the court's ruling without defense or contention. After the plea has been entered, the judge will either remand the defendant to custody or set bail. Following that, the judge will set another date for the case to actually be heard and decided.

Considerations

In most criminal trials, the defense and prosecution may try to work out a plea agreement. The same is true for DUI hearings. The most common example of this is usually some form of rehabilitation. Generally in the event of a fist time offender, the court issues restitution for any property damage, classes for substance abuse and a period of suspension for driving privileges rather than jail time. These programs are voluntary but their completion is mandatory to uphold the suspended jail time. This is the court's attempt to rehabilitate. Generally these types of plea bargains are unusual for repeat offenders.

Second Appearance

Once the arraignment is completed and the plea bargain has been reached, the defendant goes before the judge a second time. During this session, the judge reviews the entered plea agreement and hands down the decision of the court. In the event that this is a second or third offense or there were injuries resulting from the DUI, the judge listens to testimony or reviews prior cases before rendering her verdict. If the verdict involves jail time, the defendant will be taken into custody immediately following the judge's decision.

Misconceptions

When an officer suspects a driver of operating a vehicle under the influence, he uses different means of testing the driver's sobriety. Sometimes an officer conducts a field sobriety test, a series of tests designed to show the driver's level of awareness, physical control, and ability to control the vehicle. Even if the driver passes this test, she may still be arrested for DUI.
Officers can also use a breathalyzer to check a driver's blood alcohol content (BAC). Even if a driver can pass a field sobriety test, he may still fail the breathalyzer.
Another common misconception regarding DUI law is that a driver can beat a DUI charge by refusing to take the BAC test. This is not true. Refusal to take the breath test will only lead to arrest, and once in custody, officers can have a blood sample drawn to establish blood alcohol content. Officers do not have to have concrete evidence to arrest a driver for driving under the influence, only a reasonable suspicion a driver is under the influence.