What to Expect After a DUI Charge
We’ve all been warned that driving under the influence is dangerous for ourselves and those around us. However, sometimes we’re just not logical in our thought process. If you’ve been charged with a DUI, there are some necessary things you should know about the coming process.
Getting Pulled Over
Suppose you’re driving erratically while under the influence, an officer will pull you over under suspicion of driving drunk. Most people don’t realize that an officer can pull you over for another reason, such as a broken headlight, and still charge you with a DUI if they believe you’re intoxicated. If they suspect you’re under the influence, they may ask you to proceed with performing field sobriety tests.
You have the right to deny doing any of the field sobriety tests that an officer asks of you. However, it’s important to realize how this reflects on your innocence later down the road. If the officer believes you’re intoxicated, they can transfer you to the hospital for a chemical test. This test is to determine your blood alcohol level. If this level is determined to be .08 or higher, you’ll be charged with a DUI.
Arraignment
After you’ve been pulled over by an officer and your blood alcohol level was .08 or above, you’ll be arrested. This is the point that you’ll be charged with driving under the influence or other similarly used terms like OUI, OWI, DWI. You will be taken to the local police station and booked. Depending on the laws in your state and the local police department’s common practices, you may be released after a short while.
Depending on your previous record and the severity of your crime, you may or may not have bail set. A magistrate judge will be the one who determines your bail amount if it’s decided that you should have a bail set. In most cases, there is no bail for a first-time offender. For those who are unfamiliar, bail is a set amount of money you must pay to be released from jail. The money signifies your willingness to return to the court later down the road for your arraignment. You’ll receive the money back if you return to your arraignment hearing.
You’ll Be Issued A Temporary License
When you’re arrested for driving under the influence, the officer will confiscate your driver’s license. They will give you a temporary driver’s license that has an expiration date. Depending on the state that you live in, this temporary license may be set to expire in 10 days or on your arraignment date.
It’s very important to note that you should read the information that is provided to you by the officer. In some states, you may have to apply for a DMV hearing to keep your license until your court date. If you don’t, then you’ll automatically lose your license after 10 days.
Arraignment
After a short while, you’ll go in front of a judge for arraignment. This is where the charge against you is solidified and you’re given the option to plead guilty or not guilty. The officer or their representative can present evidence against you at this time.
It’s a good idea to consider hiring an attorney for this court date. If the evidence is stacked against you, they can assist you in asking for a plea bargain. In some cases, you can get the charges of a DUI exchanged for those of reckless driving. While each plea bargain is different, many require the arrested party to use an ignition interlock device for a set period of time.
You’ll Pay Fines
Depending on what you’re legally charged with after your hearing, you’ll be expected to pay fines. The more severe the charges are against you, the higher your fines will be. The court will be able to supply you with the necessary information regarding the fines that you’ll need to pay and how you can go about paying them.
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