There are legal rules, practical rules and exceptions. Legal rules: DUI cases can generally be divided in two different categories. There is a misdemeanor and there is a felony. A misdemeanor case is normally going to take around three to six months to be completed.
The jury will either come to a unanimous verdict on your DUI charges or if their decision is split, a retrial or mistrial. If a mistrial is declared, the charges against you will be dismissed. If you plead guilty or are found to be guilty by a jury, a judge will decide your sentence of punishment.
The simplest DUI case is set for at least five court dates and most are set for eight or more. In my view, the only time a client should be in court is for something truly important. Court appearances that waste their time and cost them money should be avoided. My office does as much of the work for my clients as we can.
In this case, you will probably need to hire a DUI attorney to represent you. If you have been charged with a felony DUI, it is strongly recommended that you hire an experienced DUI lawyer. If you and/or your attorney decided it was best to plead not guilty at your arraignment, then you will need to attend a preliminary hearing.
Upon conviction for driving under the influence (DUI) in Pennsylvania, your driver's license is automatically suspended. Unlike other states, there is no separate administrative hearing to contest your license suspension.
DUI offenders are to be released promptly following arrest unless: 1) they pose a danger to themselves or others; or 2) the arresting officer has reasonable grounds to believe they will not appear in court as required. Upon release, a criminal complaint shall be filed within 5 days.
According to Florida Statue 316.193, a DUI conviction cannot be expunged or sealed. Once you have a conviction it will remain on your record for 75 years. This is much longer than an individual typically remains driving–in theory a DUI will stay on your record forever.
Police reports and other discoverable information may also be obtain through the California DMV's administrative process. Most cases that do not go to trial will generally settle within 3-6 months. If ending the case quickly is important to you then let me know why and we will discuss your options.
If you're facing a Pennsylvania DUI charge, the district attorney may offer you a plea bargain, especially if the case against you isn't particularly strong. While some Pennsylvania DUI charges should be taken to trial, a skillfully negotiated plea bargain may serve your best interests.
You do not receive any points for a DUI in Pennsylvania. Instead, you receive fines, jail time, or a license suspension. If you are facing charges for driving under the influence of alcohol or drugs, it is important to understand how this will affect your driving record and, ultimately, many other aspects of your life.
If any of the evidence can be shown as invalid or errors made during your arrest can be proven, the DUI charges against you will be dismissed or reduced to a lesser offense in most circumstances.
Probably, somewhere around 1 or 2% of cases actually make their way to trial, whereas the vast majority of cases end up in a plea agreement with another small percentage ending in the dismissal of the case in full.
Criminal Penalties You May Face for a First-Time DUI Conviction. A conviction for a first-time DUI offense in the state of Florida could cost you as much as $1,000, up to six months in jail, the possibility of losing your driver's licenses for up to six months, and fifty hours of community service.
If pulled over for drinking and driving, you can get charged with a DUI. Luckily, in the state of California, you can get it dismissed before heading to court.
The Arraignment An arraignment is a short hearing with the judge where you enter your plea of guilty, not guilty, or nolo contendere (no contest). The court will also read the full charges against you, but if you have a lawyer your lawyer will typically ask to waive this in order to save time.
For a first-offense DUI in California, consequences for conviction generally include three years of informal probation, fines of $390 plus “penalty assessments” (totally approximately $2000, and completing a first offender alcohol program that consists of a 30-hour class, at a cost of about $500.
I agree with the other attorneys that said it can be resolved as early as arraignment. Also, depending on what county you are in, you may be able to talk to the public defender or an attorney who can have your arraignment date moved up for you.
How long a DUI case lasts can really be quick or take a while. Cases can be resolved as early a date as the arraignment. That is the date you got on the citation and or when you bonded out of jail.
If you know you want to plead guilty to DUI as charged it can take only a matter of weeks. If you want to try to get some type of reduced plea that usually takes a significant amount of investigation and negotiation and in some cases can take many months, or even more than a year, depending on the court.
How long a DUI case takes can depend. It can resolve at arraignment or any time thereafter depending on your decisions.
A DUI lawyer understands your state’s DUI laws. Some states offer certification to lawyers who pass specific tests related to DUI law. Regardless, an experienced DUI attorney will know the best arguments to make in your court system to dismiss or reduce your charge.
The cost will depend on your lawyer's fee structure and the work required for your case. DUI lawyers usually charge a flat fee or on an hourly rate. If you’re looking for a plea bargain, lawyers’ fees usually range from $750 to $2,000, while going to trial can be as much as $25,000. The actual cost will depend on the complexity of your case.
There are several ways to find a DUI lawyer in your area. You can ask for a recommendation for people you trust, like your general practice lawyer or even the court clerk's office, or search online
A DUI case can last anywhere from one week to over a year. The length depends on the complexity of your case, your court system's schedule, and how you plead. Remember that just because you have a quick legal resolution to your case, a DUI is a criminal offense that carries long-term consequences, even if you are a first time offender.
The different stages of a DUI trial consist of: Choosing a jury. The court will interview a number of people, then allow the defense (your lawyer) and prosecution to exclude certain jurors who they believe to be unfit for the case. Opening statements from your attorney and the state prosecutor.
If you plead guilty, the judge will decide your punishment and you will not have to return afterwards. However, if you decide to plead not guilty, then you will need to return to court for a preliminary hearing and trial. In this case, you will probably need to hire a DUI attorney to represent you.
For example, a police officer might initially pull you over for running a stop sign, driving with a broken tail light, or having expired registration.
Opening statements from your attorney and the state prosecutor. Prosecution has a “burden of proof" against you, and will briefly outline the evidence and testimonies they have to help their case. Your attorney will present an alternate interpretation of the incident and present laws that defend your stance.
Probable cause situations that might lead to a DUI include: Empty beer bottles on the floor of your car. A strong smell of alcohol (or other illegal substances) coming from your vehicle. Slurred speech and questionable movements.
After the booking process is over, you'll have the possibility of earning your release from police custody until your appointed court date. If a bail amount is set, then you will have to pay the full amount before your release. The amount of bail you'll be required to pay is usually based on:
DUI arrests made on the basis of probable cause don't necessarily require the use of a Breathalyzer. If the police officer believes that you have been or are about to be driving under the influence, they can arrest you.