A DUI case, like almost any other legislative proceeding, goes through some specific stages. For example, it starts with the police making an arrest and ends with the defendant submitting a plea appeal. However, if you’re in deep waters, you may have to go through one more step in this regard. Please keep reading this article till the end to know more about it.
DUI Misdemeanor Court Proceeding
A DUI case will be apprehended if the police find that you were driving while intoxicated. So, it’ll be important for you to know about the legal alcohol limit in your state before you drive your car after drinking. If you have been convicted with such a felony, don’t try to act alone. Call a DWI lawyer and they’ll tell how you can get out of your situation accordingly.
Stage – 1: The Process Of Arraignment
After getting arrested, you’ll be formally presented in the court. Also known as arraignment, the court will expect you to have a professional lawyer with you. They’ll read out the charges against you and so on. After that, you may ask for a plea or avoid the same as a whole.
Should You Plead Guilty During Arraignment?
The primary purpose of an arraignment proceeding is to allow you to go for a plea of guilty, not guilty, and nolo contendere. Your lawyer will ask the court to read out the complaint put against you and enter the plea of not guilty. If you’re present in the courtroom, you may get advised of the constitutional rights you may have.
The Constitutional Rights
Your constitutional rights in this regard may include –
- You can be represented by an attorney.
- If you aren’t capable of affording one, the court will appoint someone for you.
- Right to remain silent and not incriminate yourself.
- Right to get a speedy trial and a jury trial.
- Right to talk to and cross-examine your witnesses.
Stage – 2: Pretrial Conference
Following a week or two since the arraignment procedure, the court will ask you to come to a pretrial conference. In this case, a few motions will be filed on the basis of the case-related facts. The proceeding may include the following –
- Motion to reject a judge – based on their reputation, like being strict or hostile.
- Motion to dismiss the case based on lack of jurisdiction or sufficient evidence.
- Motion to unearth a prior misconduct made by the arresting officer.
- Motion to obtain urine sample or preserved blood for testing.
- Motion to suppress the evidence, including unlawful seizure.
At the conference, the prosecution team will offer a plea arrangement depending on what you did during the previous meeting. Now, with regards to the plea agreement, your lawyer may ask for community service instead of serving jail time.
Stage – 3: Trial
In case the proceeding didn’t end properly during the pretrial conference, it might progress to the trial stage. However, it can be quite stressful for the defendant, as they come with the risk of being misjudged by the community.
Who Testifies During A DUI Trial?
A DUI trial usually involves the testimony of an arresting officer and the doctor or technician who administered the blood or urine test. Depending on your truthfulness during the pretrial, the defense might or might not let you testify for the same. Besides, if there was a chemical at issue, they may ask an expert on the same to testify as well.
How Long Will It Go?
A misdemeanor DUI or DWI trial will end within a span of five days. Nonetheless, if the case is too complicated or tricky, you might have to wait for two weeks to get the results too.
If You Need Assistance…
… Then, don’t forget to contact an attorney today and ask them about the legal alcohol level missouri. Also, if you want to win your case, don’t forget to opt for the right person for the job, who’s been experienced in the field of DWI.
Or else, it might be impossible for you to win your case or avoid jail time. Hopefully, this article has helped you with the same to some extent. But, if you want to learn anything else, please let us know in the comment section below. We’ll get back to you as soon as possible.