Health And Fitness

So you’ve been arrested and charged with “driving under the influence” (“DUI”) or “driving while intoxicated” (“DWI”). While you’ll obviously need a lawyer to defend you in court, it can make things a lot less perplexing to know what’s going to transpire in court before you talk to a lawyer.

Arraignment

The first hearing in your DWI case is expected to be an arraignment. After studying 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 consider whether to reduce your bail amount or release you on your “own recognizance” without demanding additional bail.

If you aren’t already represented by an attorney at law, the judge will choose whether you are qualified to apply for a government-appointed legal representative, termed a “public defender.” Being appointed a lawyer satisfies your constitutional right to the assistance of counsel in criminal cases where you may possibly be deprived of your liberty.

If you have an legal professional, or are appointed a public defender who is present in the courtroom, the prosecutor may possibly offer your attorney replications of any police reports and other documents the prosecutor is intending to rely 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 consider if the evidence produced by the prosecutor could (but not necessarily will) persuade a jury you were driving while drunk. However, in many states, misdemeanor charges are not presented at a preliminary hearing, but instead are only presented at trial. While the processes for this change greatly from state to state, it can be your attorney’s opportunity to size up the prosecution’s case.

“Plea bargaining” – negotiating a deal with the prosecutor to plead guilty to a lesser charge- is discouraged in DWI cases and has even been banned in a few states. Many legislators feel that DWI is such a grave crime that plea bargaining is unacceptable.

There may be cases, nevertheless, 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 motions to have certain 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 level involve:

• 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 a possibility that 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 stand for you prior to and in the course of trial. It’s most helpful to find a lawyer you trust as soon as possible immediately after being charged with DWI.

For help with a criminal defense Athens Georgia, select a criminal defense lawyer Athens Georgia.

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