Traffic citations are an unsettling experience, and that includes DUI. You should consult a DUI attorney if you need legal advice. Additionally, if you need information on DUI laws in other states, you should seek out specific answers to your questions from resources in those states. What many people don’t realize is that there are two separate cases when dealing with a DUI citation. The first case is the criminal case, which most of you will be familiar with. The criminal case is generally located in the local courthouse in the geographical area where you were pulled over. At the criminal trial, the prosecution will present its evidence, call witnesses, and make its argument about why you are guilty of DUI. The second case, which many people are unaware of until they receive a DUI citation, is the civil administrative case. The local licensing agency will decide whether to suspend your license and for how long. You must request an administrative hearing within a very short period of time in order to be entitled to one. In some instances, your license will already be automatically suspended; in others, your request postpones the suspension until the conclusion of the hearing.

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If you find yourself arrested and charged with a DUI, you may wonder if there is anyway to get out of it. It can happen, but there are a few things you should know. Driving under the influence can carry some rather significant penalties, including jail time, steep fines, and losing your driving privileges. If you’re trying to avoid these penalties, then keep reading.

-Discredit the Evidence
This is the fastest way to get a case thrown out of court. Police officers do make mistakes and a good attorney can capitalize on these mistakes. It may be something as minor as not waiting long enough before giving you a breath test or you having something in your mouth during the test. It could also be something as major as a police office that didn’t have probable cause to stop you. Discrediting the evidence against you in a DUI case is the fastest way to get your case dismissed.

-Get a Good Attorney
Now is not the time to try to defend yourself in court. Shell out the cash for a great attorney. Don’t skimp by hiring a cheap one that just got out of law school. An experienced DUI attorney will know how to discredit the evidence, look for flaws in the prosecutor’s case against you, and will be familiar with the local courts, staff, and judges. They also will know how to help you keep your driver’s license. There’s only a short amount of time in which to file the paperwork with the state’s license bureau and if you miss this filing date, you’re not going to be driving for awhile.

-Don’t Miss Court
If you miss a court date, you’re going to be in a lot of trouble. Not only will the original case still be there, you’re going to face additional fines and penalties for failing to appear. If you’re trying to beat a DUI, missing court is one of the fastest to ways to ensure it never happens.

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Because of the number of people killed or maimed by drunken drivers, most states have instituted DUI checkpoints. These checkpoints are necessary to help remove intoxicated drivers from the road before they can cause an accident. DUI checkpoints are often held over holidays when more people are out on the road and more likely to be intoxicated. Some of the checkpoints are also held at night, especially those closer to the weekend, in order to control drunk drivers. While it cannot be denied that these checkpoints can be an inconvenience, and are often resented by both sober and drunk drivers, it also cannot be denied that they have been responsible for reducing the number of traffic fatalities. Challenges to DUI checkpoints have been launched on Constitutional grounds, specifically those unreasonable searches are prohibited.

However, the United States Supreme Court has ruled that these checkpoints are absolutely legal activity as long as guidelines are strictly followed. To begin with, the locations and times of the checkpoints have to be made known to the public beforehand. Checking with television, newspapers, or on the internet will let anyone know where and when a checkpoint will be held. Not every car or truck that goes through a DUI checkpoint will be subjected to scrutiny. The police at a checkpoint are not legally able to pull over any particular driver, the vehicles and drivers that they do examine must be chosen on the basis of a neutral formula. They can examine every second or third driver, but they must adhere to this program, otherwise a drunk driving case can be thrown out of court.

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Your first time in Court is called an Arraignment. Your next court date is called a Pre-Trial or Status Conference. You may also have court dates for Motions or Trial. This is your first time in Court and it’s where you are formally told about the charges against you. In the case of DUI, you may already know what the charge is before you even enter the Courtroom. However, there can be additional charges that you were unaware of like infractions for bad driving or additional criminal charges the prosecution filed after your arrest for DUI. Depending on Jurisdiction, you will either be mailed a Hearing Notice or you will have to look on your citation (about 1/3 from the bottom) where it says Mandatory Court Appearance for your court date and time. Arrive a few minutes early. Most courts will have a computer printout of all the people scheduled for court that day, called a docket. These printouts are generally in plain sight near the courtrooms. Next to your name will be a courtroom number. That’s where you need to go. If you get confused or can’t find your courtroom, ask at the Court Clerk’s office – they are generally very helpful. Once you get to the right courtroom, be prepared to wait. Most Courts will have either a video or a paper that explains your rights at arraignment. If it’s a paper, they will want you to sign your name – saying that you understand your rights. Eventually, you will be called up in front of the Judge. Don’t Panic. This is not your time to explain what happened – there will be ample time for that later. All the Judge wants to know at Arraignment is whether you understand the charge(s) against you and whether you want to plead Guilty or Not Guilty. That’s it.

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Posted in Driving Under the Influence