Practice - DUI

Many people do not realize that a DUI consists of two proceedings. There is the civil case in which DOL (Department of Licensing) holds a hearing to decide whether to revoke your license. Then there is the criminal proceeding where a Court will determine guilt and what type of sentence and other conditions to impose.

At the time of the arrest, the officer will punch a hole in your driver's license and will give you a Hearing Request form. You have 30 days to request the DOL Hearing and to pay a fee for the hearing. If you miss the 30-day deadline, your license will be revoked. After the revocation period has expired, you are still faced with high insurance rates.

After arrest, you will receive a Summons to appear in Court. Make sure to give the arresting officer your correct address. The Court will issue a failure to appear and a bench warrant will be issued if you do not attend your Court date. At the first Court appearance, you will be arraigned, which means you will plead guilty or not guilty. The Judge may also set limitations on you, such as bail.

There will then be several pretrial hearings, where Motions may be made. During these pretrial Motions, your attorney will have the opportunity to try to negotiate a resolution of your case with the Prosecuting Attorney. You may, for example, be eligible for deferred prosecution. If negotiations fail, a trial date will be set. A judge or jury will then hear the facts of your case and determine your guilt or innocence.

First, and foremost, try to remain calm. Angry outbursts at an officer almost guarantee your arrest.

Second, the moment the officer approaches you, he is building his case against you. Provide him with your name, address and date of birth. Then politely refuse to talk further. Anything you say to the officer can be used against you.

Third, and most importantly, refuse the Field Sobriety Testing (walk a straight line, touch your nose, etc.). This is a voluntary test that the officer will ask you to take. If you take the test, it becomes the officer's opinion as to whether or not you passed the test - hardly unbiased. There are no repercussions to you for refusing this test. The officer may ask you to take a "Portable Breath Test." Refuse this test also, as the instrument's accuracy cannot be verified.

If you are placed under arrest, tell the officer you will cooperate fully, but that you want to speak to an attorney immediately.