While most people recognize how dangerous and foolish it is, driving under the influence still happens on a daily basis. Unfortunately, it’s also responsible for a great many accidents, deaths, and around 1.5 million arrests annually.
For someone who gets arrested for DUI, they’ll likely wonder what to expect in terms of their DUI case and how long it will last. If this sounds like your situation, keep reading for a basic overview of what will happen.
What Is a DUI?
Most people know that DUI or driving under the influence means that you got caught driving after you were drinking or using some kind of drug. Since alcohol is the most common culprit, we’ll stick with that.
For a DUI arrest, you must cross a specific legal threshold in terms of your blood alcohol content. The national BAC is 0.8 percent. Many states also impose zero-tolerance policies for underage drinkers and more stringent rules for commercial drivers.
DUI Process
The DUI process is fairly straightforward. If you get arrested, it means you got pulled over and failed one or more sobriety tests. You’ll get taken to the local or county jail, fingerprinted, and then you move on to the arraignment.
At the arraignment, you advise the court of your plea, which is typically not guilty. Many courts also use arraignment for a simultaneous bail hearing.
In first-time cases or cases where no one was harmed, you’ll often get released until the next step in the process. If you’re arrested after an accident that harms someone, it’s a felony charge, or you’re back for your second or third DUI arrest, the judge will often set bail.
You may strike a plea bargain with the prosecutor before you appear in court for your trial. If you don’t plead out, you’ll proceed to trial, where your lawyer and the DA will present evidence.
Then, a jury will typically render a verdict. A judge will determine your sentence if you’re found guilty.
Average Length of a DUI Case
The average length of a DUI case from arrest to plea bargain or trial conclusion can vary wildly. If you make a plea deal, it might only take a month or two. If you take it to trial, a misdemeanor case can take three to six months to resolve, and felony cases can last even longer.
Average Cost
As with the average length of a DUI case, the average DUI lawyer cost will vary a lot. For example, the fees often go down if you plead out or the case never goes to trial. The fees may prove higher for felony charges than misdemeanors.
Your DUI Case
While a DUI case doesn’t rise to the level of other criminal charges in the public consciousness, it’s still a very serious matter that can land you with serious fines and even jail time.
After your arrest, you should expect a wait of several months before the case will come to a resolution. You should strongly consider hiring legal representation.
Curious about other kinds of criminal cases? Check out our criminal law section for more posts.
