A drunk driving incident is something that should never happen to you because you should never drive under the influence of drugs or alcohol. However, when you’re caught, there is a procedure you will have to go through. Lots of people have already done it, and it can get pretty complicated. Here is the procedure after a DUI incident.
Arrest
When driving under the influence around the state of South Carolina, it’s very likely that you’ll spend a night in prison. As any well-informed Greenville DUI defense lawyer, getting arrested is the most common reaction by law enforcement. These procedures are more pleasant when you cooperate.
The officer that pulled you over for the DUI suspicion will ask for your license, registration, and proof of insurance. He or she might also ask some questions about where you’ve been drinking and what you’ve had to drink. If you’re deemed impaired by alcohol at this point, the arrest is made.
You’ll be handcuffed and taken to jail, where you’ll have to post bail if it’s set. This can range from a few hundred dollars to $5000 or more, depending on the severity of your charge and prior offenses.
Arrests look very bad for you. That’s why you have to avoid drinking and driving, especially because you can hurt other drivers and pedestrians.
Booking And Bail
Once you’re arrested, it’s time to get booking and bail. The booking process is when the police take your fingerprints, mugshot, and collect information about you. The bail process is when you pay money to the court so you can be released from jail while you wait for your trial. If you can’t afford bail, you’ll have to stay in jail until your trial date.
So, what happens next? You will most likely appear in front of a judge within 48 hours of being arrested where they will set your bail amount. If you are able to post bail, you will be released from custody until your next court appearance. If not, then you remain in jail until your day in court.
The Arraignment
Arraignment is the first step in the criminal justice process. It is when the defendant appears before the court and hears the charges against them. The arraignment also allows the defendant to enter a plea of guilty or not guilty. If the defendant pleads not guilty, a trial will be scheduled. If the defendant pleads guilty, they may be sentenced at that time or have a sentencing hearing scheduled for later.
The arraignment can also be used to determine whether the defendant is indigent and needs representation by the public defender’s office. If the defendant cannot afford an attorney, they will be appointed one at no cost to them.
If you are arrested for DUI, you will likely go through an arraignment procedure. You will need to appear before a judge and enter a plea. If you plead guilty, you may be sentenced at that time. If you plead not guilty, a trial will be scheduled. You may also be appointed an attorney if you cannot afford one.
What happens after the arraignment will depend on the facts of your case and the laws in your state. Be sure to talk to an attorney about what to expect so that you can be prepared for the next steps in your case.
Going Through The Preliminary Hearing
The preliminary hearing has many purposes. These are the following:
- to find out if there is enough evidence to send the case to trial
- to give the defense an opportunity to cross-examine witnesses
- for the defense and prosecution to agree on what evidence will be presented at trial
- for a judge to decide what, if any, charges will be laid.
If you have been charged with a DUI, it is important that you understand how a preliminary hearing works and what its purpose is. This way, you can know what to expect and how to prepare for your own preliminary hearing. Speak with a lawyer today if you have been charged with a DUI so that they can help guide you through this process.
The preliminary hearing is not held in every case. The prosecutor may decide that there is enough evidence to go to trial without a preliminary hearing. If this happens, the preliminary hearing will be waived and the case will go straight to trial.
Going To Trial
Once all that is done, it’s time to go to trial. Many people choose to represent themselves in court, but this is not advisable if you have been caught DUI. The penalties for a DUI conviction can be severe, and an experienced lawyer will be able to better protect your interests and help you get the best possible outcome in your case.
If you are found guilty of DUI, there are a number of potential penalties that could be imposed by the court, including fines, jail time, community service, and driver’s license suspension or revocation. It is important to speak with an attorney about your specific situation to find out what the likely consequences of a DUI conviction would be in your case.
Submitting Appeals
After your sentence, you can submit an appeal if you believe that the court made a mistake in your case. You will need to submit certain paperwork and appear in front of an appellate court. The appellate court will then decide whether or not to overturn your conviction.
If you are submitting an appeal, it is important to have an experienced attorney on your side. An attorney can help you understand the appeals process and give you the best chance of success.
Going To AA Meetings
Drunk driving often results in court-orders to attend AA (Alcoholics Anonymous) meetings. These are support groups for people who want to stay sober. During the meeting, members share their stories about how drinking affected their lives and what they’re doing to stay sober now.
For some people, going to AA is helpful. It gives them a chance to talk about their problems with other people who understand what they’re going through. It can also be a good way to find out about resources that can help you stay sober, such as treatment programs and halfway houses.
Once you’re caught DUI, you’ll get arrested after which it’s time to post bail. After that, it’s time for arraignment and goes to a preliminary hearing. When it’s done, you’re going to trial after which you can submit an appeal. Very often, the judge will also send you into AA meetings to learn your lesson. Drive safely!
Carol
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