The initial court appearance for a DUI (Driving Under the Influence) charge can be a daunting experience. However, having a skilled DUI attorney by your side can provide reassurance and guidance throughout the legal process.
Let’s see you can expect from your DUI attorney during the initial DUI court appearance, commonly known as an arraignment.
Where to Go When Appearing in Court for DUI
Being locked up can be terrifying if you’ve never been charged with a crime before. Hold on; it won’t last forever. You have several release options, including posting bail, court-ordered release, pre-trial supervision release, and jail time. The judge will typically free you within a day or two if you post bond immediately.
After being let out of custody, you must appear in court for the first time, commonly known as an arraignment, in front of either the Municipal Court Magistrate or the Justice Court Justice of the Peace. There are two distinct courts here, each at a different place.
Your court’s information will be on your summons to appear. After getting arrested, you usually have a few days to report to court.
Explanation of Legal Process
Your DUI attorney at initial DUI court will begin by explaining the legal process and the specific proceedings of the arraignment. They will provide an overview of what will happen in court, including the purpose of the arraignment, the charges against you, and your rights as a defendant.
Review of the Charges
Your attorney will review the specific charges against you and explain the potential consequences associated with each charge. They will help you understand the possible penalties, such as fines, license suspension, mandatory alcohol education programs, probation, or even jail time.
Advice on Plea Options
During the arraignment, your attorney will discuss the available plea options with you. They will explain the differences between pleading guilty, not guilty, or no contest. Based on the circumstances of your case, they will offer informed advice on the best plea option for your situation and discuss the potential implications of each plea.
Presentation of Defense Strategy
At the initial court appearance, your DUI attorney may present a brief overview of the defense strategy they plan to pursue.
While this may not involve a detailed argument, they will discuss potential defenses, such as challenging the legality of the traffic stop, the accuracy of field sobriety tests, or the reliability of breathalyzer or blood test results.
Negotiation with the Prosecution
Your attorney may engage in negotiation with the prosecution during the arraignment. They may discuss potential plea bargains or alternative sentencing options that could minimize the penalties you may face.
They will advocate for your best interests and work towards achieving a favorable resolution.
Addressing Bail and Conditions of Release
If you were arrested and held in custody, your DUI attorney will address bail and advocate for your release. They will present arguments to the court for reasonable bail conditions or alternative forms of release.
They will also ensure that you understand any conditions imposed upon your release, such as attending alcohol counseling or refraining from driving.
What Date Will I Know About the BAC Level?
The arresting officer will often inform you of your test results right away. However, some police officers are reluctant to give training out of concern that the subject would get anxious.
They typically give you the results if you are already in prison so you can find out what it is. When you receive your papers and pink slip, you should at the very least be able to see your test results.
The breath result is contained in a box that says “BAC reading.” Your lawyer can decide how to proceed after receiving that information from you.
How Does a Guilty Plea Affect Things?
If you enter a guilty plea during your DUI trial, the judge will punish you, and your court case will be over. If you enter a guilty plea, your chances of having your criminal charges reduced or dropped are gone.
There is nothing you can do to get a DUI charge removed from your criminal record. These convictions are irrevocable. Unfortunately, a lot of Illinoisans are ignorant of the repercussions of admitting guilt. Once a guilty plea has been entered, it is exceedingly challenging to change one.
Wrap Up
Your criminal attorney plays a vital role in guiding you through the initial DUI court appearance. They will provide a comprehensive explanation of the legal process, review the charges against you, advise on plea options, present a defense strategy, negotiate with the prosecution, and address bail and conditions of release.
Their expertise and support during this crucial stage will help you make informed decisions and navigate the complexities of the legal system. Remember, consulting an experienced DUI attorney is essential to ensure your rights are protected and you receive the best possible outcome in your DUI case.
