Facing a DUI arrest is a frightening experience.
It’s difficult to even know where to start. The system seems complex and stacked against you. The very future you care about is in the balance. The DUI legal process looks different for each person. But learning what to expect is the first step towards defending that future.
Let’s be honest…
The DUI court process is a defined path with clearly delineated stages. Knowing what happens at each stage of the process is an important part of mentally preparing yourself. The more you know what to expect along the way, the more clearly you can make informed decisions about your case.
Contents
In This Guide:
- DUI Arrest: The First Steps
- Arraignment Explained
- Pretrial Conference and Discovery
- DUI Trial: What Happens
- DUI Sentencing and Penalties
The DUI Arrest: The First Steps
It all starts when those taillights flash behind you…
You’ll be pulled over for erratic driving, a traffic offense, or at a sobriety checkpoint. The officer will look for physical signs of intoxication such as slurred speech, bloodshot eyes, or alcohol odor.
If the officer believes you are impaired they will ask you to perform field sobriety tests. These evaluate your motor skills, coordination, and balance. Failure of these tests typically results in the administration of a breathalyzer.
That’s when things get serious…
If your breathalyzer indicates a blood alcohol content (BAC) above the legal limit of 0.08% you will be arrested and placed under arrest. Booking follows which includes fingerprinting, photographing, and paperwork.
This is the point in the DUI process where DUI lawyer services become critical. Hiring high-quality DUI representation from a DUI Attorney Denver specialist early on can make a world of difference in the outcome of your case. A good DUI attorney knows the local court system and how to effectively challenge evidence.
After booking you will likely be released on bail or your own recognizance. You will receive a citation with your first court date and be on your way.
Scary, right?
Arraignment Explained
The arraignment is your initial court appearance.
The arraignment hearing usually takes place within 30 days of your arrest. Failure to appear at this hearing results in a bench warrant and more serious problems.
At your arraignment the judge will:
- Read out the charges against you
- Inform you of your legal rights
- Ask how you plead to the charges
You have three plea options: guilty, not guilty, or no contest.
A guilty plea moves your case directly to sentencing. Not guilty results in the case moving to the pretrial phase for evidence review and strategy development.
Something most people don’t know…
The FBI says that police arrested roughly 804,926 people for suspected DUI in 2024. That’s 11% of all arrests made last year. You are by no means in this situation alone.
Having an attorney at your side at arraignment can help you understand the process and your options. They can also advocate on your behalf for reasonable bail terms and immediately begin the evidence gathering process.
Pretrial Conference and Discovery
The pretrial conference is where your case work really starts.
A pretrial conference is a meeting between your attorney and the prosecutor. The goal is often to negotiate a plea deal to reduced charges or lighter sentencing.
During this phase your attorney will make a discovery request for evidence from the prosecution. These documents show the evidence that the other side has against you and includes:
- Police reports
- BAC test results
- Dashcam or bodycam footage
- Witness statements
Your attorney will review this evidence to look for holes in the prosecution’s case. They will also identify procedural errors that can help your defense.
Hold up, here’s more…
Your attorney can file motions to suppress certain pieces of evidence. If the traffic stop was made illegally or the breathalyzer wasn’t calibrated correctly that evidence may be dismissed.
There may be multiple pretrial conferences. Each one provides your attorney with more time to investigate and attempt to negotiate the best possible outcome.
DUI Trial: What Happens
Not all DUI cases go to trial.
In fact, most are resolved with plea bargains or dismissed for lack of evidence. But when a resolution cannot be reached, your DUI case must go to trial.
DUI trials are either by jury or before a judge alone. Most trials take anywhere from a few days to two weeks.
The prosecution presents their case first. They call witnesses such as the arresting officer and sometimes expert witnesses. Your defense attorney cross-examines each witness and challenges their testimony and evidence.
Important note…
The prosecution must prove their case beyond a reasonable doubt. Even if it seems very likely you are guilty, the jury must not have any reasonable doubt. It is your attorney’s job to create that reasonable doubt.
After both sides have presented their cases, closing arguments are given. The judge or jury will then return with a verdict of guilty or not guilty.
DUI Sentencing and Penalties
If the verdict or your plea is guilty the case moves to sentencing.
Judges determine the penalties based on a number of factors including BAC, if anyone was injured, and prior DUI convictions.
The penalties for first-time offenders often include:
- Fines and court fees
- License suspension
- Alcohol education courses
- Probation
The financial costs alone can be ruinous. First-time DUIs can cost an individual anywhere from $10,000 to $30,000 when fines, legal fees, and insurance increases are factored in.
Repeat offenders face much harsher penalties including mandatory jail time and longer license suspensions. Many states also require ignition interlock devices that block a car from starting if the driver fails a breathalyzer test.
And remember…
A DUI conviction will remain on your record for years. This can impact your ability to get jobs, professional licenses, and your reputation.
Conclusion
The DUI legal process has a predictable progression from start to finish.
Understanding the steps allows you to mentally prepare and work more effectively with your DUI attorney. The key stages of the DUI process are:
- Arrest and booking
- Arraignment
- Pretrial conferences
- Trial (if necessary)
- Sentencing
Cases are all different and your case may not match precisely. The details of the evidence, your attorney, and the local court all affect the specific outcome.
Getting high-quality legal counsel as soon as possible can help. A skilled and experienced DUI attorney will know how to navigate the system and fight for the best outcome for your case.
The entire DUI process can feel overwhelming. But you have the advantage now of knowing exactly what to expect. Understanding the process is the first step in fighting for the future you care about.
