{"id":286684,"date":"2016-04-04T10:45:08","date_gmt":"2016-04-04T15:45:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/cases\/dui-pre-trial-motions.html"},"modified":"2023-11-18T23:10:05","modified_gmt":"2023-11-19T04:10:05","slug":"dui-pre-trial-motions","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/cases\/dui-pre-trial-motions.html","title":{"rendered":"DUI Pre-Trial Motions"},"content":{"rendered":"\n
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DUI Pre-Trial Motions<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Pretrial motions raise arguments before a criminal trial. In a DUI case, they often claim that certain evidence should be kept out of the trial, certain witnesses must or can’t testify, or the case should be dismissed altogether.<\/p>\n\n <\/div>\n\n\n\n

Driving under the influence (DUI) cases are fairly routine criminal cases. But that doesn’t mean they are simple to navigate. DUI convictions carry high criminal penalties, including driver’s license suspension and jail time. Defending against DUI charges can be complicated.<\/p>\n

Depending on the facts of a case, the defendant might need to raise some types of arguments before they go to their trial. With their lawyer’s help, they can file a motion, which proposes a certain course of action. Prosecutors may also file motions before a trial.\u00a0<\/p>\n

This article discusses how pretrial motions work. It also addresses what arguments parties usually raise during pretrial motions in DUI or driving while intoxicated (DWI) cases. If you need advice for your DUI case, find a defense lawyer near you<\/a> who can help.<\/p>\n

When Are Pretrial Motions Filed?<\/h2>\n

The prosecutor and defense attorney make pretrial motions after a\u00a0preliminary hearing<\/a>\u00a0and before a criminal case goes to\u00a0trial<\/a>. Between those two stages, they may hold a court meeting called a pretrial conference.<\/p>\n

Pretrial motions aren’t necessary in every DUI case. Most DUI cases don’t even reach the preliminary hearing stage. In most cases, the arraignment<\/a>\u00a0represents the first and last time a suspect will be in court.<\/p>\n

Most drunk driving suspects choose to plead guilty<\/a> and avoid a jury trial. This is especially true if the evidence of their intoxication is strong. In that case, there is no trial, so there are no pretrial motions.<\/p>\n

What Are Pretrial Motions?<\/h2>\n

Pretrial motions are requests made by either attorney before trial to limit the evidence a\u00a0jury<\/a>\u00a0or\u00a0judge<\/a>\u00a0will hear. Pretrial motions are tools used by the government and the defense to set the boundaries for trial.<\/p>\n

Pretrial motions usually address:<\/p>\n