A DUI is a serious charge in almost every state. If you have been charged with driving under the influence it is essential that you understand your options prior to your arraignment.
After being arrested and charged for a DUI you will receive a court date for your arraignment. At your arraignment you will be called before a court, informed of the offense(s) charged against you, and asked for your plea of guilty, not guilty or otherwise. The most states requires any person who has been charged with a DUI to be present at their arraignment, even if a DUI attorney has been hired in advance to represent their case.
A “not guilty” plea is recommended for those charged with a DUI because admission of guilt and therefore being convicted of a DUI would result in the suffering of all statutory mandatory penalties without recourse. After considering important factors like criminal history, specific allegations of your charge, results of your breath test, the event of an accident and any efforts you may have made to exhibit that you do not pose an imminent risk to the community or flight risk, the judge will determine conditions of release. Conditions of release are set in order to provide safety in the community (ensure that you do not continue to drink and drive) and to guarantee that you will return for any future hearings.
Standard DUI or Physical Conditions include the following:
- No permitted refusal of a breath, blood or drug test upon request of a law enforcement officer
- No new criminal violations
- Electronic home monitoring (house arrest)
- No consumption of alcohol or other mind-altering substances prior to driving
- Mandated appearance for all scheduled court dates
- Report any change of address to court within a specified time frame
- Installation of an ignition interlock device in any vehicle that you drive
There are things that your local Phoenix criminal defense lawyer can do to aid your case. In addition to explaining any possible defenses before your arraignment appearance, a lawyer can guarantee a speedy trial, advise for or against the request of a jury and evaluate whether your specific circumstances qualify you for a deferred prosecution.
Having a DUI conviction on ones record can present a life-altering roadblock, so it is important that you seek legal counsel if you have been arrested for driving under the influence. An experienced criminal defense attorney can help minimize your consequences and even win your case.