DUI Court Process Attorney in West Palm Beach, FL, Guiding You Through Every Step of the Legal Process in Palm Beach County, Broward County, Martin County, and Throughout South Florida
When you get arrested for DUI for the first time in South Florida, you might not know what to expect when facing prosecution for intoxicated driving. The DUI case process can involve various steps before reaching a resolution. Knowing what to expect after getting charged with DUI can give you peace of mind and the insight to begin defending your rights and interests. Contact BD Law today for an initial case review to learn more about the DUI case process and get help fighting the prosecution’s case to pursue a favorable outcome to your charges.
Understanding the DUI Case Process in South Florida
Depending on the resolution of DUI charges, a case will involve several different steps, including:
Arrest and Booking
A DUI case will begin with an arrest, after which the police will transport the driver to the police station for booking. During booking, officers will take the driver’s fingerprints and photographs, run a warrant check, and usually ask the driver to submit to a breath, blood, or urine test to check for the presence of alcohol in the driver’s system. A driver may refuse to submit to chemical testing for alcohol or drugs at the risk of receiving a driver’s license suspension, regardless of the outcome of the DUI case.
Initial Hearing
Following an arrest, a DUI defendant will have an initial hearing before the trial court. At the hearing, the court will advise the defendant of the charges against them, confirm whether they have or want legal counsel, and take the defendant’s initial plea. A defendant who pleads not guilty at the initial hearing can later change their plea to guilty if they negotiate a plea deal. The court may also decide to detain the defendant pending trial on felony DUI charges if the court finds that the defendant will pose a danger to the public or a risk of failing to appear if released.
Pre-Trial Proceedings
During pre-trial proceedings, the prosecution will turn its case file over to the defense and disclose any other exculpatory and impeachment evidence in its possession. The parties may also file various motions, such as motions to exclude evidence or a defense motion to dismiss the charges for insufficient evidence.
Parties frequently negotiate plea deals during pre-trial proceedings in cases where the prosecution has overwhelming evidence of a defendant’s guilt. A plea agreement may involve a defendant pleading guilty in exchange for a favorable sentencing recommendation from the prosecution.
Finally, some defendants may have the option of seeking alternative disposition of their DUI charges, which may allow a defendant to avoid a conviction by successfully completing a rehabilitative program.
Trial
When a DUI case does not end in dismissal, alternative disposition, or a plea deal, it will eventually reach trial, where the prosecution must present sufficient evidence to prove every element of the defendant’s charge(s) beyond a reasonable doubt. Although a defendant does not have to present a case a trial, they may present evidence and witnesses to challenge the prosecution’s case. The trial ends with a verdict finding the defendant guilty or not guilty of DUI.
Post-Trial Proceedings
Post-trial proceedings in a DUI case that ends in a guilty verdict may include post-trial motions to overturn the verdict or for a new trial. The trial court will also conduct sentencing proceedings to impose a sentence on the defendant. Finally, a defendant has the right to appeal a conviction to the appellate courts.
Facing DUI Charges? BD Law Can Help.
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DUI Defense Attorney
How Can a West Palm Beach DUI Case Process Lawyer Protect Your Rights and Interests During Prosecution?
Attorney Brandon Dinetz can stand beside you at each stage of a DUI prosecution to fight for your rights, reputation, and future by:
- Independently investigating your charges to obtain all available evidence that may benefit your case
- Evaluating potential defense strategies that can help you fight the prosecution’s case
- Exploring your legal options for resolving your charges favorably
- Challenging the state’s case by filing motions to exclude evidence or dismiss charges
- Presenting a compelling defense at trial if you choose to fight your charges and maintain your innocence
Contact BD Law Today to Learn What to Expect in Your DUI Case
After getting charged with a DUI in South Florida, you may not know what to expect when facing the criminal justice process. An experienced DUI court process attorney in West Palm Beach, FL, can help guide you through your prosecution to prepare you for each stage and protect your rights and interests. Contact BD Law for an initial consultation to discuss your legal options.