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DUI Court Procedure

Created by FindLaw's team of legal writers and editors | Last updated June 20, 2016

Given the large number of DUI cases most court systems handle, many have a dedicated section of the criminal court system with separate court procedures for dispensing with DUI cases quickly and easily. This means that your DUI case will likely finish up more quickly, but it could also make it more difficult to know what to expect. Read through the articles below to find out how DUI cases are different from other kinds of criminal cases so you can be prepared for what lies ahead. Remember, DUI law varies by state, so be sure to check your local laws or with a DUI attorney in your area for the best information.

Learn About DUI Court Procedure

  • Arrest

    Read this article to learn about the basics of an arrest, examples of lawful DUI arrests, and how to challenge an unlawful arrest. This way, you’ll be prepared if you or a loved one is ever arrested for DUI.

  • Booking & Bail

    Everyone knows that booking and bail happen sometime before trial, but what exactly do those terms mean? Read about how DUI suspects are processed after an arrest and the finer points of posting bail for release from custody.

  • Arraignment

    This is an overview of the first stage of courtroom-based DUI case proceedings, where the suspect enters a plea, which will set the tone for the rest of the trial.

  • Preliminary Hearing

    ead this article to find out what to expect at a preliminary hearing, where the judge decides whether the prosecution has brought enough evidence to continue with the trial.

  • Trial

    Click here to discover the basics of a DUI trial. These trials are unusual because most drunk driving cases end at arraignment with a guilty plea, but some brave defendants choose to go to trial instead.

  • Appeals

    If a DUI defendant chooses to go to trial, and loses, he may decide to appeal his case. Read about how an individual convicted of a DUI may ask a higher court to review the case for legal errors.

DUI Court Procedure Articles

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Can I Solve This on My Own or Do I Need an Attorney?

  • Complex DUI situations usually require a lawyer
  • DUI defense attorneys can challenge Breathalyzer/Intoxilyzer or blood test results
  • A lawyer can seek to reduce or eliminate DUI penalties
  • A lawyer can help get your license back

Get tailored advice and ask your legal questions. Many attorneys offer free consultations.

 

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