Time Line for the Events in a DUI Arrest

 

Getting pulled over for possible drunk or drugged driving is a very serious event. Unlike a speeding ticket or failure to stop at a traffic light, a conviction for drunk or drugged driving can carry consequences for years. Here is a estimated time line for what to expect beginning with the intial stop by a police officer all the way to the possible trial.

 

Getting Stopped by Police

Police are not allowed to stop a car without a probable cause. This is usually evidenced by improper driving such as slow driving, swerving among lanes, or driving in the wrong direction on a one-way lane. If the officer suspects you are under the influence of alcohol or drugs he will usually request you to get out of the car to continue the investigation.

 

Field Sobriety Tests (FSTs)

Once you are out of the car the officer may ask you to complete some sobriety tests. Most of these are physical activities such as standing on one leg while touching your nose or walking a straight line.The officer may also ask you to complete a breath analysis (called a chemical test) which is basically breathing into a breathalyzer or preliminary breath test (PBT) device.

Keep in mind that while it is in your best interest to act respectful towards the officer you are not required by law to complete field sobriety tests, but may be required to do a breathalyzer or PBT (preliminary breath test). If you refuse to comply with the test requests you will almost assuredly be arrested but you will also limit the amount of evidence the officer will have to use against you in court.

 

Booking

Once the officer makes the decision to arrest you he must read you the Miranda rights. Many police jurisdictions will have the suspect complete a breath or blood test at the police station. After the test is completed the person may be released and provided with the arraignment information or may be held in jail overnight and released the next day, usually after paying a bond amount.

 

After the Booking

Those jurisdictions that use a breath test can provide the suspect with the results almost immediately. For blood tests, the results may take a few days up to a few weeks to be complete.After the suspect has been released criminal charges may be filed within days of the event. The district attorney will review the case and if they feel there is enough information to charge the suspect with DUI they will file a claim in the local court. The suspect will then be notified by the court to make their first appearance.

 

The Arraignment

The first time a suspect appears in court after being arrested for DUI the hearing is called the Arraignment. For those individuals that are held in police custody after the arrest the Arraignment typically occurs within 24 hours. Otherwise the Arraignment will occur a few days after the initial arrest. At this Arraignment the court will inform the suspect of the charges being levied against them and ask them to enter their plea.

 

Pre-Trial Meeting

Why would a suspect agree to a pre-trial conference? This offers the suspect (defendant) or the defendant’s DUI lawyer a chance to talk to the prosecutor and possibly negotiate for a more favorable outcome. It is possible that the prosecutor will offer the suspect a favorable alternative to trial and therefore avoid going to trial altogether.However, if no agreement can be reached, or if the prosecution has no desire to negotiate with the suspect then the judge will set a trial date.

It is also at this meeting that the suspect's attorney will make an attempt to have the case dismissed. If your attorney can prove that you were stopped unlawfully, or that the officer did not arrest you and charge you properly, it is possible to have the judge drop the case. That is why it is so important to contact a DUI attorney at the first possible chance after being stopped.

 

Going to Trial

Most states allow one of two trials. There is a typical trial conducted before jurors (jury trial). There is also a second option called a “bench trial” in which the case is brought only before the judge. In a bench trial the judge acts as both judge and jury.Sentencing If the suspect is found guilty of DUI, or the person chooses to enter a plea bargain and accept a lesser charge, the judge will then decide on the person's punishment. This may include a combination of a fine along with time spent in prison.