So you’ve been arrested and charged with “driving under the influence” (”DUI”) or “driving while intoxicated” (”DWI”). While you’ll certainly need a lawyer to defend you in court, it can make things a lot less bewildering to find out what’s going to come to pass in court before you talk to a lawyer.
Arraignment
The first hearing in your DWI case is more than likely to be an arraignment. After reading the charge against you, the judge will ask whether you plead guilty or innocent. Unless you’re represented by an attorney and have talked it over carefully with your attorney, you’ll want to plead “not guilty.”
The judge will decide whether or not to reduce your bail amount or release you on your “own recognizance” without requiring additional bail.
If you aren’t already represented by an lawyer, the judge will decide on whether you are suitable for a government-appointed attorney, known as a “public defender.” Being appointed a lawyer fulfills your constitutional right to the assistance of counsel in criminal cases where you might possibly be deprived of your liberty.
If you have an lawyer, or are appointed a public defender who is present in the courtroom, the prosecutor could present your attorney replications of any police reports and other documents the prosecutor is intending to depend upon in presenting the case against you (such as blood alcohol test results).
The judge will possibly set the date for pre-trial motions and trials.
Preliminary Hearings
At a preliminary hearing, the judge will make a decision about if the evidence produced by the prosecutor could (but not necessarily will) convince a jury you were driving while intoxicated. However, in several states, misdemeanor charges are not displayed at a preliminary hearing, but rather are only presented at trial. While the processes for this vary greatly from state to state, it could be your attorney’s opportunity to size up the prosecution’s case.
“Plea bargaining” - discussing a deal with the prosecutor to plead guilty to a smaller charge- is discouraged in DWI cases and has even been banned in a number of states. Many legislators feel that DWI is such a dangerous law-breaking that plea bargaining is incorrect.
There may be cases, however, when an attorney (at or before the preliminary hearing stage) can reach a deal with the prosecutor to have a DWI charge reduced to a less serious charge, such as reckless driving. It may also be possible to reach a compromise by agreeing to plead guilty to the DWI charge in exchange for the prosecutor recommending a less severe sentence than if the case went to trial.
Pre-Trial Motions
Your attorney will likely bring movements to have particularly damaging evidence kept out of the trial. Examples of evidence that defense lawyers work hard at eliminating from a DWI trial at the pretrial motion period feature:
- Physical evidence such as alcohol bottles confiscated from the car
- Blood alcohol content testing results
- Any incriminating statements or confessions you may have made to the arresting officer(s)
Trial
Although many DWI cases are sorted out short of going to trial, it’s plausible you’ll find yourself at trial. If so, the trial would proceed in a predictable manner, with:
- Jury selection (unless it is a trial by judge, which is fairly unusual in DWI trials)
- Opening statements by your attorney and the prosecutor, outlining the evidence each intends to present
- Testimony from witnesses
- Cross-examination of the witnesses by both attorneys
- Motions from your attorney after the prosecution has presented its case, sometimes asking the judge to dismiss the case for lack of evidence
- Closing arguments from both lawyers summing up the evidence, and arguments about how the law applies
- Jury instructions (by the judge) on the law the jury must apply
- Jury deliberation
- Jury verdict
Sentencing
If you’re convicted for DWI, the judge may sentence you to:
- Pay fines
- A short jail stay
- A long jail term if you were involved in an accident where you injured or killed someone
- Probation or a suspended sentence, with conditions on where you can go and actions you’re prohibited from (such as drinking)
- Community service, working with local non-profit community organizations
- Drug or alcohol counseling or outpatient or intensive inpatient rehab
- Install an “ignition interlock” device on your vehicle which prevents you from operating your vehicle if your blood alcohol content is over a certain level, typically
If your driver’s license hasn’t already been suspended, your state department of licensing may also suspend it for a certain period of time or put restrictions on when and where you can drive.
You’ll need a lawyer to represent you before and during trial. It’s most effective to find a attorney you trust as soon as possible after being charged with DWI.
For help with an Athens Georgia criminal defense, find an Athens Georgia criminal defense lawyer.