DUI Arrest Court Process

Introduction

When you receive a DUI (driving under the influence) citation, you are in proceedings the moment you are taken to jail. The court proceedings will happen at the appointed date on your citation that you were issued. Each state has different ways of handling each offense and to what degree. You can check your state's website or contact your county court house about the driving under the influence laws in your state.  

Criminal Background

When you are going before the judge, there are things that need to be considered. The courts will be reviewing your criminal background and the nature of the offense at hand. If you have already had one or more DUI then you will have a harsher sentencing. Also the court will have to take into account the severity of the offense. If you were driving a company vehicle or if you had children in the car or you had a wreck, all these things must be considered. 

Arraignment (First Appearance in Court)

You will stand in front of the judge and enter a plea of guilty or not guilty. A guilty plea is accepting terms of what happened. Not guilty means you do not agree with those charges and have a defense to back it up with. There is also a plea of no contest. This is a plea stating you are neither guilty nor innocent of the charges at hand. After you have stated your plea, the judge will either take you into custody or set bail. Bail is the amount of money it will take to have you released from jail until your next court appearance. The next court appearance will be to hear the case.

Things to Think About

If this is your first offense there may be a chance a plea bargain might be in order. It is ideal that the prosecution suggest some sort of rehabilitation program or to enter a treatment center and it is a must that you complete the program or serve jail time. If this isn't your first offense, the prosecution may not offer you this.

The Next Court Date

This court appearance may vary, depending on several factors. As you face the judge once again, he will look at the plea you have entered. If there was an accident involved or people suffered from the event, the judge will have to listen to their sworn statements. The judge will make his decision. If you are to go to jail, you will be taken as soon as your sentence is handed down.

Things That Need to Be Cleared Up

When you are pulled over for a DUI, an officer will ask if you agree to a breathalyzer test to determine how much alcohol you have had to drink. You can not beat the system by refusing this test. The officer can then take you into custody and have a blood sample taken. Either way he will gather the data needed.