how long does dui case take with hired lawyer

by Mrs. Abigail Bahringer MD 8 min read

A typical first-time DUI case will probably take between two and six months to conclude, depending on the complexity of the case and the schedule of the attorney.

Full Answer

How long does a DUI case take to complete?

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.

What happens after a DUI case goes to trial?

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.

How many court dates should a DUI case have?

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.

Do I need a lawyer for a felony DUI?

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.

Is your license suspended immediately after a DUI in PA?

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.

How long do police have to file DUI charges in PA?

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.

How long can a DUI case stay open in Florida?

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.

How long does a DUI case take in California?

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.

Can you plead down a DUI in PA?

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.

How many points is a DUI in PA?

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.

How do you get a DUI dismissed in Florida?

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.

How often do DUI cases go to trial in Florida?

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.

What is the penalty for a first time DUI in Florida?

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.

Can a DUI be dismissed in CA?

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.

What happens at a DUI court hearing in California?

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.

What happens in court for a DUI in California?

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.

Laurie Keel Landsittel

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.

Douglas Blake Chanco

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.

Matthew Benjamin Bennett

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.

Sarah Lynn White

How long a DUI case takes can depend. It can resolve at arraignment or any time thereafter depending on your decisions.

What is a DUI lawyer?

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.

How much does a DUI lawyer cost?

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.

How do I find a DUI lawyer?

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

How long will it take to resolve my case?

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.

What are the stages of a DUI trial?

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.

What happens if you plead not guilty to a DUI?

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.

What are some examples of DUI arrests?

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.

What is the opening statement of a prosecutor?

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.

What are the causes of DUI?

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.

Do you have to pay bail before you get released from custody?

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:

Do you need a breathalyzer for a DUI?

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.

The Preliminary Hearing

  • After being arrested for driving under the influence, you are usually not kept in jail for a long time. Instead, you are released, and you’ll receive a formal complaint by mail. This letter will include a court date in your local district court for your preliminary hearing, and it’s crucial that you attend because you could otherwise get arrested. ...
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The Formal Arraignment

  • If the authorities decide that there is a case against you, you will be formally arraigned at the Court of Common Pleas. Your charges will be read out loud, and you will plead either guilty or not guilty. The way you should plead depends on the individual situation of your arrest and conviction, and your lawyer will help you to decide what the best course of action is. This is also the moment wh…
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The Pre-Trial Conference

  • A pre-trial conference will be scheduled before your actual trial, and this gives your attorney a chance to enter motions that could be advantageous to you. For example, they can argue that the tests were inaccurate and you actually had a lower blood alcohol count or that parts of the evidence should be suppressed because they were obtained illegally. In some cases, your lawye…
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The Accelerated Rehabilitative Disposition

  • The ARD program is for first-time offenders, and it can significantly speed up the process. This can be a much better outcome than a criminal conviction because you simply need to fulfill all the necessary requirements, and your DUI can get removed from your record once you have done so. What’s more, you will lose your license for a much shorter period of time, and the punishment is l…
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The Trial

  • The next step in your DUI case will be your trial. Your lawyer will prepare a defense for you, which will be presented to the judge and help them to decide whether you are guilty or not. In order to convict you, the prosecution must prove that a DUI offense was committed and that you were the person responsible for this. Otherwise, your case will be dismissed. If the judge decides that yo…
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The Appeal

  • In some cases, you might be able to appeal your DUI conviction, although this is not always a possibility. To successfully appeal, you have to prove that there was an unlawful element present in your conviction, for example, that some part of the evidence was collected in an illegal way or that the wrong law was used to make a decision. Your attorney will be able to let you know whet…
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