Your Guide To Understanding the DUI/DWI Charges

If you are facing DWI or DUI charges, you may have numerous questions and concerns about the law and how to proceed. . Will a DWI affect my driving privileges? How long in prison do you anticipate my sentence to be? Is it really necessary to seek counseling or treatment during the process? Continue reading to find out the answers to these frequently asked questions.

What is the Difference Between DUI and DWI?

Driving under the influence (DUI) and driving while intoxicated (DWI) are two separate offenses. Although both acts are illegal across the US, the legal repercussions and penalties will differ from state to state.

For instance, while most states will issue a DUI charge if the driver has a blood-alcohol content (BAC) level higher than 0.08 percent, Utah will issue a DUI charge if the driver's BAC is higher than 0.05 percent - which is significantly lower than most states. Additionally, if your blood alcohol concentration (BAC) is at least 0.15 percent, the penalties in several jurisdictions may and will likely be increased.

Preparations Before Arraignment

Implied consent statutes empower the DMV to suspend the license of any DUI suspect who refuses or fails a blood or breath test.

Although these suspensions are contestable, you must request a DMV hearing within a few days of your arrest. Each state has its laws, but drivers must seek a hearing within ten days of detention.

The administrative suspension is usually put on hold when you request a hearing. If a driver is arrested and doesn't request a hearing within ten days, the DMV will suspend their driving privileges for 30 days.

What Happens At Arraignment?

The judge should explain the charges and the defendant's rights at the Arraignment. But arraignments aren't only for paperwork. If the accused is still in custody, the judge will often determine a bail sum or order the accused's release without bail (known as "own recognizance" release). If the defendant cannot afford a private DUI attorney, the judge will assign a public defender on their behalf.

Next, the court asks for the defendant's plea. The usual choices are "guilty," "not guilty," and no contest. Most offenders will plead not guilty at Arraignment, while others may do the opposite. A not-guilty plea at this time allows the defendant to leave options open, which is usually the best tactic.

Choices For Dealing Your Case

After the Arraignment, determine how to proceed. Generally, you can plea bargain or fight the charge.

DUI Plea Bargaining

A criminal defendant (the defendant's counsel) and the prosecution negotiate a plea deal. This agreement involves the offender pleading guilty or no contest in exchange for reduced consequences from a trial conviction.

A defendant can secure a better plea deal when the prosecution's case has vulnerabilities or mitigating factors. When there's strong proof of guilt (and no viable defenses) or aggravating circumstances, a defendant's bargaining power decreases (such as a high blood alcohol concentration or an accident).

Fighting The Charge

DUI accusations must be proven beyond a clear doubt by the prosecution. The jury (or judge) must acquit the offender if the trial fails.

DUI trials take around a week. Forming a jury is the first order of business. It usually takes at least a day for the defense and prosecution to choose the jurors who will render a verdict (the process allows both sides to have some say in jury selection). Next, both sides will make opening comments to the jury, outlining their respective cases and what they expect the evidence to prove.

But the trial's real meat is the evidence. The prosecution provides evidence first in DUI prosecutions. The trial may provide alcohol or drug test results depending on the scenario. It's common for the prosecution to bring the arresting officer to witness the car stop and intoxication (such as poor FST score and slurred speech).

The defense has to present evidence when the prosecution "rests." But, in reality, they often don't bother to do that. However, it is common practice to bring expert witnesses in DUI trials to discredit the validity of the breathalyzer or blood test results. The "rising-blood-alcohol" defense is an example of a DUI argument requiring an expert witness.

After presenting evidence, parties make closing arguments to the jury. The jury will next get "jury instructions" and begin deliberating. Most DUI jury deliberations don't last a day. If the jury reached a verdict, they'll tell the judge and proclaim it in open court.

Conclusion

If you get pulled over for DUI, law enforcement will likely seek to suspend your driver's license, and prosecutors will probably press criminal charges. Whether or not you have a past DUI conviction on your record is just one of many variables that could affect the severity of the penalties you face if convicted.

However, with the assistance of a reasonable defense attorney, you may be able to avoid or significantly reduce the penalties of a DUI conviction. Contact a lawyer as soon as possible following an arrest so that they may begin protecting your rights.