Understanding the DUI Court Process

Facing a DUI (driving under the influence) charge can be an intimidating and overwhelming experience. Navigating the complexities of the court process is crucial to understanding what to expect and how to prepare. This comprehensive guide will walk you through the various stages of a DUI court case, helping to demystify the legal proceedings and provide clarity on what lies ahead.

The Initial Traffic Stop and Arrest

The DUI court process begins the moment a driver is stopped by law enforcement under suspicion of driving under the influence. The initial stop often arises from observed erratic driving behavior, such as swerving, speeding, or failing to adhere to traffic signals. Once stopped, the officer will typically conduct a preliminary investigation, which may involve questioning the driver, observing physical signs of impairment, and administering field sobriety tests. If the officer determines there is probable cause to believe the driver is impaired, an arrest is made. The driver is then transported to a police station for booking and further testing, usually a breathalyzer or blood test to measure blood alcohol content (BAC).

Arraignment

After the arrest and booking, the first formal court appearance is the arraignment. During this initial hearing, the defendant is officially informed of the charges against them and advised of their legal rights. It is also at this stage that the defendant enters a plea of guilty, not guilty, or no contest. Pleading not guilty typically leads to the scheduling of pre-trial hearings and a trial date. It is crucial to have legal representation during the arraignment, as an attorney can advise on the best course of action and help navigate the proceedings.

Pre-Trial Hearings and Motions

Following the arraignment, the case proceeds to the pre-trial stage, which involves a series of hearings and legal motions. During pre-trial hearings, both the defense and the prosecution present evidence, discuss potential plea bargains, and address procedural issues. One significant aspect of the pre-trial phase is the filing of motions, such as motions to suppress evidence or dismiss the case. For example, if the defense believes that the arresting officer violated the defendant’s constitutional rights during the traffic stop or arrest, a motion to suppress the evidence obtained may be filed. Successful pre-trial motions can significantly impact the outcome of the case, potentially leading to reduced charges or even dismissal.

Andrew D. Alpert

Founding Partner

Michael J. Schreyer

Founding Partner

Michael Berman

Attorney

Jason Miller

Attorney

Discovery and Investigation

Throughout the pre-trial process, both the defense and prosecution engage in discovery, which involves exchanging evidence and information relevant to the case. Discovery allows the defense to review the prosecution’s evidence, including police reports, witness statements, and test results. This stage is critical for building a strong defense strategy, as it enables the defense attorney to identify weaknesses in the prosecution’s case and gather evidence to support the defendant’s position. In some instances, private investigators or witnesses may be employed to provide additional support and testimony.

Plea Bargaining

Plea bargaining is a common component of the DUI court process. During plea negotiations, the defense and prosecution discuss the possibility of resolving the case without going to trial. Plea bargains often involve the defendant agreeing to plead guilty to a lesser charge or accepting a reduced sentence in exchange for avoiding the uncertainty and expense of a trial. While plea bargains can offer a more predictable and swift resolution, it is essential to carefully consider the terms and consult with an attorney to ensure that accepting a plea is in the defendant’s best interest.

Trial

If a plea agreement cannot be reached, the case proceeds to trial. A DUI trial typically involves the presentation of evidence and testimony before a judge or jury. The prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt. This involves presenting evidence such as police reports, breathalyzer or blood test results, and witness testimony, including that of the arresting officer. The defense, in turn, has the opportunity to challenge the prosecution’s evidence, cross-examine witnesses, and present its own evidence and witnesses.

Trials can be lengthy and complex, requiring meticulous preparation and a thorough understanding of the law. The defense may argue that the traffic stop was unlawful, the field sobriety tests were improperly administered, or the chemical tests were flawed. The outcome of a trial is determined by the judge or jury, who will render a verdict of guilty or not guilty based on the evidence presented.

Attorneys Alpert, Berman, and their staff help guide those of us caught up in circumstances that are ultimately under our control … first, by pointing out how to regain some control, then by guiding us so we never have to deal with such situations again (using our own self-determination). I am very happy with my outcome. Andrew Alpert contributes to the field of knowledge and contemporary practice standards based on science. This team is definitely worth it! They worked closely with me, gave me honest and sensible advice, and they really secured a good outcome for me. Highly recommended.”

- Raja S

Sentencing

If the defendant is found guilty of DUI, the court will proceed to sentencing. The penalties for a DUI conviction can vary widely depending on several factors, including the defendant’s BAC level, prior DUI convictions, and whether there were any aggravating circumstances, such as an accident or injury. Common penalties for DUI include fines, probation, mandatory alcohol education programs, community service, and jail time. In addition, a DUI conviction often results in the suspension or revocation of the defendant’s driver’s license.

Appeals

In some cases, a defendant may choose to appeal a DUI conviction. An appeal is a request for a higher court to review the trial court’s decision for legal errors that may have affected the outcome. The appeals process involves submitting written briefs and, in some instances, presenting oral arguments. It is important to note that an appeal is not a new trial; rather, it is a review of the original trial’s proceedings to determine if there were significant legal mistakes. If successful, an appeal can result in a new trial, a modified sentence, or even a dismissal of the charges.

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Reinstating Driving Privileges

One of the immediate consequences of a DUI arrest is the suspension or revocation of the defendant’s driver’s license. The process of reinstating driving privileges varies by state and often involves completing certain requirements, such as paying fines, attending alcohol education programs, and providing proof of insurance. In some cases, defendants may be eligible for a restricted or hardship license, allowing limited driving privileges for essential activities such as work or medical appointments. Navigating the administrative process of reinstating a driver’s license can be challenging, and legal assistance can be invaluable in ensuring compliance with all requirements and expediting the restoration of driving privileges.

The Long-Term Impact of a DUI Conviction

A DUI conviction can have far-reaching and long-lasting consequences beyond the immediate legal penalties. A conviction can affect employment opportunities, as many employers conduct background checks and may be hesitant to hire individuals with a criminal record. Additionally, a DUI conviction can result in increased insurance premiums, as insurance companies view those with DUI convictions as high-risk drivers. The social stigma associated with a DUI conviction can also impact personal relationships and community standing.

Given the serious implications of a DUI conviction, it is essential to take proactive steps to address the underlying issues that may have contributed to the offense. Participating in alcohol education and treatment programs can demonstrate a commitment to making positive changes and can be viewed favorably by the court during sentencing. Furthermore, seeking legal advice and representation can help individuals navigate the legal process and work towards minimizing the long-term impact of a DUI conviction.

Verdicts & Settlements

DUI

All Charges Dropped

Found in his parked car with a friend and some open bottles, our client was facing a fourth DUI offense, along with 3 years of prison time and 2 more for probation violation. We didn’t back down in court, and the state dropped all charges after a short recess. Our client did not receive jail time, points, or probation – and he only paid a $50 fine.

DUI

Probationary Deal on a Second Offense

Our client had a .18 BAC in a notoriously heavy-handed jurisdiction, Harford County, where people can easily do 60 days active time on a second offense. Our firm negotiated a plea deal for our client that achieved no conviction, no points, and no jail. The Judge was incredibly impressed with the mitigation package we presented on behalf of client, who was very pleased with the results.

DUI

No Jail Sentence

Our firm secured a no-jail sentence for our client from a very tough Judge in Frederick County. Our client blew a .20 on a third offense, and the prosecutor was asking for active jail time. The Judge said the mitigation package we devised for the client made all the difference and led him to ignore the prosecutor’s jail recommendation in favor of just probation.

DUI

Charge Reduced

One of our DUI clients was facing up to 1 year in jail if convicted, plus $1000 in fines, 12 points on her driving record, and 3 years of supervised probation. By negotiating with the prosecution, we were able to secure a much better result. Our client did not receive a conviction, points, or jail time – instead, she paid only a few hundred dollars and received 1 year of unsupervised probation.

DUI

Not Guilty

After his fifth DUI charge, our client was facing up to 3 years in prison for a conviction. By showing that the field sobriety test result was affected by the client’s disability, our defense attorneys were able to secure a “not guilty” verdict on all counts, after the jury deliberated for only 12 minutes.

DUI

Probationary Deal on 6th Offense

After being arrested for their sixth DUI, our client faced 3 years in jail, up to $3,000 in fines, and a system inclined to award maximum penalties to repeat offenders. Our team managed to secure a probationary deal with no jail time for this client.

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Advocating for You

Facing a DUI charge can be a daunting and life-altering experience. The legal process is complex, and the stakes are high. At Alpert Schreyer, LLC, we understand the challenges you are facing and are committed to providing compassionate and effective legal representation. Our experienced attorneys have a deep understanding of DUI law and a proven track record of successfully defending clients. We are here to guide you through every step of the court process, from arraignment to trial, and to advocate for the best possible outcome in your case.

If you or a loved one is facing a DUI charge, do not navigate this difficult journey alone. Contact Alpert Schreyer, LLC today to schedule a consultation and let us help you protect your rights, your future, and your peace of mind.