If law enforcement suspects you of driving under the influence (DUI) of alcohol, they will pull you over and ask you to submit to a breath test and/ or a field sobriety test. If you fail one or both of these tests, an officer will arrest you. For those who have never been arrested for a DUI before, you might not know the process following this arrest. In most cases, the following will likely happen after you have been escorted to the back seat of a police car.
The police will have your car towed and will take you to the police station to be booked. This means you will be brought to the station, photographed, and fingerprinted. You will also likely be tested again for your blood alcohol content (BAC) levels with a blood or breath test at the station. Likewise, depending on the circumstances, you will either be released or will be kept in jail until you can post bail.
The next step is an arraignment. At this appearance, you will be brought before a judge for the first time, during which he or she will read the charges against you. You will plead guilty or not guilty. The judge will then either lower your bail or release you on your own recognizance. You will then attend preliminary hearings to determine whether or not there is enough evidence to convince a jury beyond a reasonable doubt of your guilt. If there is not enough evidence, the judge will throw out the case.
If your case goes to trial, before the date of the hearing, your attorney will have the chance to submit any pre-trial motions he or she believes would benefit your defense. If your case is still ongoing after the preliminary hearing, then it will proceed to trial. You can decide to have your case heard by a jury or a judge. Juries are more often recommended because it is harder for 12 people to agree on guilty beyond a reasonable doubt.
If you are convicted, you will be punished according to state law and according to the judge’s discretion. You could face jail time, extensive fines, loss of driving privileges, and more. If you are found not guilty, you will be released, and your driving priviledges will be restored.
If you need help fighting a DUI charge, let our Cincinnati criminal defense lawyers help. Patituce & Associates has years of experience successfully representing people in similar situations. Let us see how we can help.
Contact us at (440) 709-8088 or fill out our online form to schedule a free case review today.