Arizona DUI Court Process
The Arizona DUI court process is carried out under the Arizona Rules of Criminal Procedure which get underway when you are arrested by an officer for DUI. The officer has to tell you your Miranda rights as soon as he arrests you. This includes your right to remain silent and not answer any questions without having your lawyer present. Your car is bound to be confiscated and in all probability, you will be taken to the nearest police station first. However, if the officer wants to conduct the breathalyzer test or have your medical treatment done, he may take you to the hospital instead. The Arizona DUI court process will proceed in the following way.
Booking – If it is your first DUI offense then you will not be jailed directly. You may be kept at the police station for some time and given a citation. You will be told how you can avail the bail and if you want, you can contact a friend. You will also be told the date, time and place of your court hearing. If you are arrested and subsequently booked into jail, then it will be preceded by searching, fingerprinting and photographing processes. You will also be asked a few questions before being jailed.
Appearance in Court – The next phase of the Arizona DUI court process will take place in the courtroom. You will be taken there within 24 hours of your arrest. The judge will tell you the bail amount and what you should do to be released. If there is a felony, then he may recommend the case to the higher court. You or your lawyer can request for your release without bail.
The Day of the Arraignment – On this day, you will have to plead guilty or not guilty before an open court and you will also be formally charged. You may also decide not to contest the sentence. In this case and also if you plead guilty, you will be imposed a fine, convicted, sentenced to jail and also asked to do community service. The court may also order you to perform many other actions. However, if you plead not guilty, then your trial will continue.
The Pre-trial – The Arizona DUI court process then has it that your attorney can negotiate a deal with the prosecutor during the pre-trial conference. Your attorney can talk about the deal with you and tell you the pros and cons of it. If you agree to the deal, then there will be no trial.
The Main Trial – If the case proceeds for a trial, then both the state and you will have to file many motions. There will also be hearings where evidence will be presented, the jury will be selected and case will be presented by both you and the state. The jury will then deliberate on your sentence and when the sentence is finally passed, you may appeal to the higher court.
This is the entire Arizona DUI court process. You must remember that you can also get a limited license from the Department of Motor Vehicles after this as it has nothing to do with the DUI charge against you.
