DUI DWI Trial Process

So you've been arrested and charged with "driving under the influence" ("DUI") or "driving while intoxicated" ("DWI"). While you'll definitely need a lawyer to defend you in court, it can make things a lot less confusing to know what's going to happen in court before you talk to a lawyer.

Arraignment

The first hearing in your DWI case is likely to be an arraignment. After reading the charge against you, the judge will ask whether you plead guilty or innocent. Unless you're represented by an attorney and have talked it over carefully with your attorney, you'll want to plead "not guilty."

The judge will decide whether to reduce your bail amount or release you on your "own recognizance" without requiring additional bail.

If you aren't already represented by an attorney, the judge will decide whether you are eligible for a government-appointed lawyer, called a "public defender." Being appointed a lawyer fulfills your constitutional right to the assistance of counsel in criminal cases where you could be deprived of your liberty.

If you have an attorney, or are appointed a public defender who is present in the courtroom, the prosecutor may give your attorney copies of any police reports and other documents the prosecutor is intending to rely upon in presenting the case against you (such as blood alcohol test results).

The judge will likely set the date for pre-trial motions and trials.

Preliminary Hearings

At a preliminary hearing, the judge will decide whether the evidence produced by the prosecutor could (but not necessarily will) convince a jury you were driving while intoxicated. However, in many states, misdemeanor charges are not presented at a preliminary hearing, but instead are only presented at trial. While the procedures for this differ greatly from state to state, it can be your attorney's opportunity to size up the prosecution's case.

"Plea bargaining" - negotiating a deal with the prosecutor to plead guilty to a lesser charge- is discouraged in DWI cases and has even been outlawed in some states. Many legislators feel that DWI is such a serious crime that plea bargaining is inappropriate.

There may be cases, however, when an attorney (at or before the preliminary hearing stage) 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.

Pre-Trial Motions

Your attorney will likely bring motions to have particular damaging evidence kept out of the trial. Examples of evidence that defense lawyers work hard at eliminating from a DWI trial at the pretrial motion stage include:

• Physical evidence such as alcohol bottles confiscated from the car
• Blood alcohol content testing results
• Any incriminating statements or confessions you may have made to the arresting officer(s)

Trial

Although many DWI cases are resolved short of going to trial, it's possible you'll find yourself at trial. If so, the trial is likely to proceed in a predictable manner, with:

• Jury selection (unless it is a trial by judge, which is fairly unusual in DWI trials)
• Opening statements by your attorney and the prosecutor, outlining the evidence each intends to present
• Testimony from witnesses
• Cross-examination of the witnesses by both attorneys
• Motions from your attorney after the prosecution has presented its case, sometimes asking the judge to dismiss the case for lack of evidence
• Closing arguments from both lawyers summing up the evidence, and arguments about how the law applies
• Jury instructions (by the judge) on the law the jury must apply
• Jury deliberation
• Jury verdict

Sentencing

If you're convicted for DWI, the judge may sentence you to:

• Pay fines
• A short jail stay
• A long jail term if you were involved in an accident where you injured or killed someone
• Probation (URL for probation-related article on lawyers.com http://criminal.lawyers.com/parole-probation/Criminal-Law-Sentencing-Parole-and-Probation-FAQ.html) or a suspended sentence, with conditions on where you can go and actions you're prohibited from (such as drinking)
• Community service, working with local non-profit community organizations
• Drug or alcohol counseling or outpatient or intensive inpatient rehab
• Install an "ignition interlock" device on your vehicle which prevents you from operating your vehicle if your blood alcohol content is over a certain level, typically .02.

If your driver's license hasn't already been suspended, your state department of licensing may also suspend it for a certain period of time or put restrictions on when and where you can drive.

You'll need a lawyer to represent you before and during trial. It's best to find a lawyer you trust as soon as possible after being charged with DWI.

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