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Get Help in Prescott and throughout Arizona from a DUI Attorney

• Stages of a DUI Case
• The Arrest
• Booking and Bail
• Arraignment
• Plea Bargain
• Preliminary Hearing
• Pre-trial Motions
• The Trial
• Sentencing
• Appeals Process
• Contact an Arizona DUI Defense Attorney

Being arrested for DUI can change your life. Facing the possibility of a DUI conviction can be extremely unsettling and you may feel like there is nothing you can do to help yourself, but there is. Whether you were arrested in Prescott or elsewhere in Arizona, it's time to enlist the help of an experienced DUI attorney from Phillips & Associates. A good DUI attorney will do whatever is in his or her power to help you avoid a DUI conviction.

Your DUI case will go through several stages and it's important for you to know the details regarding every stage so that you can provide your attorney with all the necessary information to help lessen your punishment or get your charges dropped.

Stages of a DUI Case

The stages of the DUI case include the arrest, booking and bail, the arraignment, plea bargain, preliminary hearing, pre-trial motions, trial, sentencing, and appeals. While it sounds like a long, drawn out process, it will actually go by fairly quickly. Each stage is important, however, and you need to be prepared for what's to come. That means preparing evidence, witnesses, as well as reports from the day and time of your arrest.

The Arrest

In a DUI case, the arrest comes first. This is when you were originally pulled over in your automobile and the officer determined that you were too impaired to be operating a motor vehicle. Either the officer personally observed a crime, such as erratic driving, and then conducted a series of tests (either a breathalyzer or a sobriety field test) and determined you were too impaired to drive; or the officer had probable cause to arrest you. Probable cause typically occurs when an officer observes the following:

• Smells alcohol on your breath
• Notices unsteady movements
• Sees open alcohol containers
• Sees drug paraphernalia in the car

When one of the above situations occurs, you are arrested and taken to jail and charged with a DUI.

Booking and Bail

Next comes booking and bail. This is when you are processed. Your fingerprints are taken, your personal information is recorded and previous records, if any, are searched. Your possessions are confiscated and you are placed in a holding cell. You are then typically taken to see a judge where bail, if any, is set. Bail is when the suspect may pay money to get released from jail.

Arraignment

The arraignment is when you and your Arizona DUI attorney face the judge. Your charges are announced and you get to plead. You can plead no contest, not guilty or guilty. At this time you should follow the advice of your attorney as to the best way to plead.

Plea Bargain

The plea bargain, although rare, may occur at this time. This is when the prosecuting attorney approaches you and your DUI attorney and offers a lesser charge or sentence for a guilty plea. Again, follow the advice of your attorney as how to handle such a situation.

Preliminary Hearing

The preliminary hearing is when a judge decides if there is enough evidence for you to stand trial. Most DUI cases don't reach preliminary hearings. The arraignment is usually the only time a suspect is in court. This is because most DUI suspects plead guilty, especially if the evidence of intoxication is very strong.

Pre-trial Motions

If the case reaches the preliminary hearing, pre-trial motions are usually set at this time. This is when both sides try to set the boundaries for the trial. Either side may try to discredit witnesses, force certain ones to testify or they may try to include or throw out certain evidence.

The Trial

Next comes the trial, where a jury is chosen, the evidence of both sides is presented, and the jury then decides if you were too intoxicated to drive beyond a reasonable doubt. Your Arizona DUI attorney will coach you on what to say and how to act, dress and how to present yourself appropriately to increase your chances of a successful trial outcome.

Sentencing

If you are found guilty, your sentence is set. The severity of your sentence depends on the evidence presented, as well as the presence of any previous offenses on your record. The sentence received after a jury trial will usually be harsher than if you initially plead guilty, making it important for your attorney to know ahead of time whether you case is solid enough to triumph in a jury trial.

Appeals Process

If you are found guilty, you will have the chance to appeal your case. This is when you ask a higher court to hear your case. The appeals process is different for certain jurisdictions so ask your DUI attorney regarding your appeals rights to hopefully get your DUI conviction overturned.

Contact an Arizona DUI Defense Attorney

Whether you have been arrested in Prescott or elsewhere in Arizona for DUI, contact an attorney at Phillips & Associates today for a free consultation. We offer expertise in all facets of Arizona DUI law, and we can help you mount the best possible defense.

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Types of DUI / DWI Cases

Arizona DUI Laws

DUI Testing

DUI Penalties in Arizona

DUI Defenses

Frequently Asked DUI Questions

Choosing a DUI Lawyer