After the DUI Arrest: What Happens in Court?
When you have been pulled over when driving while under the influence of a controlled substance often the officer will give you a citation or arrest you and confiscate your driver’s license. If arrested you will be taken to a police station, often given a chemical sobriety test and be able to call for legal council if asked for. Most people when arrested for a DUI in Utah do not think of this fact and are transported home to deal with the shock of the experience. As with all criminal arrests the next step will be an arraignment, usually about 72 hours after the arrest. It is at this point you will be asked to give a pea, guilty, not-guilty, no contest or a “mute” plea. It is best if you have legal council before this point to ensure the plea given will best help your unique situation. The experienced attorneys at the law firm of Provo DUI Defense can help in this process.
After the Arraignment
Following the arraignment bail will be set, or you can be released on your word you will appear. Your 6th amendment right to a speedy trial states that the prosecution has a limited amount of time to charge you and the trial must begin soon after the file date unless you consent to a delay. The prosecution representing the state and your attorney will also set up a pretrial conference to discuss discovery, witnesses who will testify and evidence to be used in the trial during this in-between period. Also before trial your attorney or the prosecution will file motions to allow or suppress certain witnesses or evidence into the trial. Motions to suppress evidence are often crucial to a DUI case because if evidence of a failed field sobriety test were illegally obtained or incorrectly administered the state could have no case against you.
By this point all motions will be decided and your attorney should have a plan to help you get through trial will an innocent verdict. With the right evidence suppressed and good witnesses hopefully you will be acquitted. If not then the penalties are given by the court and your trial is done.
As you can see the judicial process is quite complicated and not something that should be attempted without training. The experienced lawyers at Provo DUI Defense will help you go through this process and provide you with the best chance to get through it unscathed.