Getting arrested for a DUI can be stressful, but understanding the legal process is key to protecting your rights and making informed decisions. This guide outlines the general steps from arrest to sentencing, helping you navigate the situation and take the right actions to defend yourself.
Contents
Immediate Aftermath: Booking and Processing
After your arrest, law enforcement will transport you to a local jail or police station for booking. During this process, officers will record your personal information, take fingerprints, and photograph you. They may also conduct additional chemical testing, such as blood or urine tests, depending on your state’s laws and the circumstances of your arrest.
You’ll likely spend several hours in custody before being released on your own recognizance or after posting bail. The amount of bail depends on factors like your criminal history, the severity of the charges, and whether anyone was injured. Some jurisdictions allow immediate release for first-time DUI offenders, while others may require you to remain in custody until you appear before a judge.
During this time, police will typically impound your vehicle. Retrieving it will require paying towing and storage fees, which can accumulate quickly. You’ll need to arrange alternative transportation and notify family members or employers about your situation.
Administrative License Suspension
Most states have an administrative license suspension (ALS) process that runs parallel to your criminal case. This civil action is separate from any criminal penalties you might face. The suspension typically begins 30 days after your arrest, though this varies by state.
You usually have a limited window—often just 10 to 15 days—to request a hearing to challenge the suspension. Missing this deadline often means automatic suspension of your driving privileges. The length of suspension varies but commonly ranges from 90 days for first offenses to one year or more for repeat offenses.
During the suspension period, you may be eligible for a restricted license that allows driving to work, school, or medical appointments. Some states require installation of an ignition interlock device, which prevents your vehicle from starting if it detects alcohol on your breath.
Your First Court Appearance
Your first court appearance, called an arraignment, typically occurs within a few weeks of your arrest. During this hearing, the judge will inform you of the formal charges against you and your constitutional rights. You’ll enter a plea of guilty, not guilty, or no contest.
Most criminal defense attorneys recommend pleading not guilty at the arraignment, even if you believe you’re guilty. This preserves your right to negotiate with prosecutors and allows time to review the evidence against you. Pleading guilty immediately eliminates your ability to challenge the charges or negotiate a better outcome.
The judge will also address bail conditions and may impose restrictions such as no alcohol consumption, no driving without a license, or installation of an alcohol monitoring device. Violating these conditions can result in additional charges and jail time.
Discovery and Investigation Phase
After entering a not guilty plea, your attorney will begin the discovery process. This involves reviewing all evidence the prosecution plans to use against you, including police reports, video footage, witness statements, and chemical test results. Your lawyer will examine every detail to identify potential weaknesses in the prosecution’s case.
Common defense strategies include challenging the legality of the traffic stop, questioning the accuracy of field sobriety tests, and examining the calibration and maintenance records of breathalyzer equipment. Blood test results may be challenged based on improper collection, storage, or chain of custody issues.
This phase can last several months as both sides gather evidence and prepare their arguments. Your attorney may hire expert witnesses to testify about the reliability of chemical tests or the effects of medical conditions on field sobriety test performance.
Plea Negotiations
Most DUI cases, including those involving DUI defense law like that in Utah, are resolved through plea agreements rather than trials. During negotiations, your attorney will work with prosecutors to reach a mutually acceptable resolution. This might involve pleading guilty to a reduced charge, such as reckless driving, or accepting specific penalties in exchange for avoiding trial.
Plea negotiations consider factors like your criminal history, blood alcohol content at the time of arrest, whether anyone was injured, and the strength of the evidence. First-time offenders often receive more favorable plea offers than repeat offenders.
Your attorney should clearly explain any proposed plea agreement and its consequences. Consider factors like jail time, fines, license suspension length, and long-term impacts on employment or professional licenses before accepting any offer.
Trial Proceedings
If plea negotiations fail, your case will proceed to trial. DUI trials typically last one to three days, depending on the complexity of the evidence and number of witnesses. The prosecution must prove beyond a reasonable doubt that you were driving under the influence.
During trial, both sides will present evidence and witness testimony. The prosecution may call the arresting officer, witnesses to your driving, and expert witnesses to testify about chemical test results. Your defense attorney will cross-examine these witnesses and may present evidence challenging the reliability of tests or the officer’s observations.
You have the right to testify on your own behalf, but you’re not required to do so. Your attorney will advise whether testifying would help or hurt your case based on the specific circumstances.
Sentencing and Penalties
If convicted, either through plea agreement or trial, you’ll face sentencing. DUI penalties vary significantly by state and depend on factors like prior convictions, blood alcohol content, and whether anyone was injured. Common penalties include:
First-time offenders often face fines ranging from $500 to $2,000, possible jail time of up to six months, license suspension, mandatory alcohol education classes, and community service. Some states require ignition interlock devices even for first offenses.
Repeat offenders face much harsher penalties, including longer jail sentences, higher fines, extended license suspensions, and felony charges in some cases. Many states have look-back periods ranging from five to ten years to determine if a DUI qualifies as a repeat offense.
Conclusion
Navigating the DUI legal process can be stressful, but understanding each step is key to making informed decisions. Consult a DUI attorney early to understand local laws and your options, as every case is unique.
