The DUI process is highly complex and technical, and not geared toward making things easy for the offender. The average person – even the average attorney – cannot reasonably be expected to understand everything that is involved in a successful DUI defense. As a top DUI lawyer, Larry Wolf has the experience and inside information that produces favorable results for his clients with minimal intrusion into their lives.
Arrest, Testing, And Charges
The roller-coaster ride of a DUI case begins when an officer arrests you for suspicion of driving under the influence.
The officer will then take you in for a blood or breath test to verify your blood alcohol concentration (BAC). If your chemical tests comes back with a BAC of .08 or above, a charge of driving with a BAC over .08 will be added. If you refuse to submit to a chemical test, a “refusal” allegation will be added to your charges, and your license could be suspended for 1 year.
After the testing phase, you will be booked and (depending on the circumstances and your criminal history) released on bail or a promise to appear in court. The arresting officer will prepare and submit a report to the prosecutor, who will either decline to file charges or charge you with DUI.
The arresting officer will immediately confiscate your driver’s license and issue you a pink, 30-day temporary license. You have 10 calendar days from the day of your arrest to file for a DMV Hearing to determine whether or not your license will be suspended. If you request a hearing within that timeframe, this delays any license suspension until the outcome of the hearing is determined. If you do not file for a hearing within 10 days, the DMV will automatically suspend your license for 4 months.
You are entitled to representation at this hearing, and a DUI defense lawyer, familiar with the local DMV and its process, can make a huge difference in protecting your driving privileges.
Regardless of the outcome of your DMV hearing, you are still subject to the criminal court process and the criminal case against you. Basically, this involves the following:
- Arraignment –Your arraignment should take place within just a few days of your arrest, and your attorney can appear on your behalf to enter your plea.
- Pre-Trial Motions – If you plead “not guilty,” the pre-trial phase begins. Your attorney will use motions to reveal flaws in the case against you and strengthen your defense.
- Plea-Bargaining – A successful DUI attorney will expose so many shortcomings in the prosecution’s case that they will be willing to drop or even DISMISS charges.
- Trial – Most DUI cases can be resolved without going to trial, but it is ultimately your choice of whether to pursue a jury trial or a bench trial (one in which the judge issues the verdict).
- Sentencing – If you plead “guilty” or “no contest”, you will be sentenced by the judge. The consequences of a DUI vary greatly depending on the circumstances of the case and your criminal history.
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