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When someone is going through the DUI process it can seem like one long series of frightening, confusing events. In order to try and help people navigate the legal system we’ve provided a general overview of what happens, though it’s important to remember that all cases are different when it comes to their details.
The first step in any DUI case is for the person in question to be arrested.
After an arrest the police bring the individual to the station for processing. Booking involves recording that person’s information, getting fingerprints, etc.
Bail or Bond
If an individual can post a bail or bond in the form of money, then that person will be let out of jail. If the individual doesn’t come to court then the bail is forfeit; if he or she arrives for court, then the bail will be given back.
This is someone’s first court appearance. The charges will be read, and the individual will enter a plea of guilty, not guilty, or no contest. Bail or bond will be set at the arraignment as well.
Appointment of Attorney
When someone is arrested that individual has the right to remain silent and to speak to an attorney. Often one can be contacted after booking, but one will typically be present by the time of an arraignment. If someone wishes to change representatives after he or she has posted bail that is also completely up to that individual.
Lawyers on both sides of a case will file pre-trial motions. These include attempts to suppress evidence on the part of the defense, and it can also include plea-bargaining on the part of the prosecution. If a plea is reached then things stop and a trial is unnecessary.
During a trial the prosecution attempts to prove that the defendant committed a given crime, while the defense argues that the evidence is insufficient to convict the defendant of the crime in question.
It’s possible under certain conditions for someone’s criminal record to be wiped clean.
More information about DUIs: