Most people never intend to drive drunk. Some have a few drinks, not realizing their driving will be impaired. Their mistake in judgment leads to a drunk driving arrest - leaving them shocked and scared.
A drunk driving charge is very serious. You'll definitely need a lawyer if you were arrested for driving under the influence (DUI) or driving while intoxicated (DWI).
An attorney familiar with defending drunk driving cases in your area can guide you through the trial process. It will help to know what's going to happen in court before talking to your lawyer.
Arraignment
The first court hearing in your DWI case is likely to be an arraignment. The judge will read the charges against you and ask for your plea. Unless you carefully discuss the entry of a different plea with your attorney, you'll want to plead "not guilty."
The judge will decide whether to reduce your bail amount. The judge may agree to release you on your own recognizance without requiring additional bail.
The prosecutor gives your lawyer - a court-appointed lawyer or a private defense lawyer - copies of evidence about your case. This could include police reports and blood alcohol test results, and any other documents important to your case. This is call discovery.
Dates for pretrial motions and your trial will be set by the judge.
Preliminary Hearing
At a preliminary hearing, the judge decides whether the prosecutor has enough evidence to possibly convince a jury that you were driving while intoxicated. While the procedures differ greatly from state to state, this is your attorney's opportunity to size up the prosecution's case and give you more information about your options.
Plea Bargaining
Plea bargaining involves negotiating a deal with the prosecutor. It's discouraged in DWI cases and is even outlawed in some states. Many legislators feel DWI is such a serious crime that plea bargaining is inappropriate.
There may be cases, however, when an attorney 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.
Next: Pretrial Motions, Trial and Sentencing