ArraignmentAfter being released from jail you will be assigned a date for and Arraignment. This is your first court appearance following a DUI arrest. At this hearing the judge will read the official charges against you and ask you to enter a plea. If a plea of guilty is entered, the judge will impose a sentence. If a plea of not guilty is entered, the case will be set for trial. Pre Trial HearingThe purpose of a pretrial hearing is to update the judge on the status of your case. At the hearing your attorney and prosecutor may discuss pleas negotiations. If a plea agreement is not reached, the case will proceed to trial. Pre Trial MotionsBefore your trail your attorney may wish to dispute evidence or request depositions from witnesses or resolve issues prior to trial. To accomplish this they would file a motion and a hearing will be scheduled to discuss the motion. Common motions in DUI cases are to suppress the breathalyzer or blood test or to impeach other evidence. If a motion to suppress is granted, then that evidence will not be admissible against you in trial. TrialUnless this is your third DUI or the DUI involved substantial bodily harm your trial will heard by a judge instead of a jury. This is referred to as a bench trial. The judge, instead of a jury, will determine the issues of law as well as if you are guilty or not. If the final outcome of the trial is a not guilty verdict, the case will be dismissed and the charges will be dropped. If a guilty verdict is returned, the judge will impose a sentence.
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