DUI Arrest in Arizona Court Process
Other People Are Reading
-
DUI Arrest in Arizona
-
DUI court procedures in Arizona are governed by the Arizona Rules of Criminal Procedure and typically begin with an arrest by an officer. At the time of your arrest, the officer is required to read you your Miranda rights (the right to consult with an attorney and to remain silent) and will proceed to impound your vehicle and take you to either a police station for booking or to a hospital for a Breathalyzer test or medical treatment.
Booking Process
-
First-time offenders usually are not booked into jail upon arriving at the police station. First-time DUI offenders are usually detained, issued a citation, given an opportunity to contact a friend or relative, given bail information, and a time, date and place to appear in court. Should your arrest require that you be booked into the jail, you will be searched, fingerprinted, photographed and asked some routine questions before being taken to a jail cell.
-
First DUI Court Appearance
-
Once in custody, you will be scheduled for a hearing within 24 hours of your initial arrest. At this first court appearance, the judge will determine bail (an amount of money to be paid in case you fail to show up for your next court appearance) and the conditions of your release (usually, the warning that a warrant will be issued for your immediate arrest should you not appear for the next court date). If your case is a felony, a preliminary hearing by a judge can determine whether sufficient evidence exists to send your case to superior court for trial. At this first appearance, your attorney can make a motion for you to be released on your own recognizance and avoid the need for bail to be set.
The Arraignment
-
Next, you will be required to appear at an arraignment. At an arraignment, you appear in open court to be formally charged and are required to enter a plea. Your choices of a plea are guilty, not guilty or no contest. However, should you plead guilty or no contest, you will immediately be convicted and will be fined, ordered to perform community service, sentenced to 10 days of jail time (this can be reduced, but not to less than 24 hours), and you might be required to perform a number of other court-ordered actions. A not guilty plea will continue to trial.
The Pretrial Conference
-
After the arraignment and before trial proceedings, your attorney will have an opportunity to meet with the prosecutor of your case at a pretrial conference to negotiate a deal on your behalf. Once the deal is outlined, your attorney should discuss the deal with you and explain the consequences, the benefits or drawbacks of the deal. If the deal is taken, a trial is avoided.
The Trial
-
Should you not negotiate a deal with the prosecution, your case will go to trial and will consist of a period of motions filed by both parties (you and the state), evidentiary hearings, jury selection, presentation of cases, first by the state and then by your attorney, jury deliberations, sentencing (should you be found guilty), and the possibility of appeal to a higher court.
Warning
-
Your DUI charge is a separate issue from the Department of Motor Vehicle's rules and regulations, so make sure you check out your options for retaining or getting a limited license with the DMV.
-
