DUI Court Process

The Court Process

There are several steps the DUI court process. It begins with the DUI arrest. If law enforcement suspects you of driving under the influence of drugs or alcohol due to speeding, erratic or reckless driving you will be pulled over. Once pulled over, the officer will ask you to step out of the vehicle. Next, you will be requested to perform field sobriety tests. After you have been placed under arrest for DUI the officer will request a breath test (or urine test if the officer suspects drugs). The breath test must be administered after the arrest. Law enforcement will take your driver's license at that time. Drunk driving charges are serious charges, and any person facing such charges is urged to contact a Florida DUI attorney immediately after the arrest.

DUI Attorney in Tampa

After the arrest, you may be put in jail and have to post bail to get out. The amount of the bail varies. You also may released on your own recognizance or placed on pre-trial release. From the day of your arrest, you have only 10 days to schedule a DMV hearing. This is an administrative hearing in which it will be decided if your driver's license should be suspended or revoked. When facing a charge for drunk driving and the DMV hearing, it serves your best interests to have a knowledgeable DUI defense lawyer fighting for you. At Parks & Braxton the attorney will schedule the DMV hearing and represent you at that hearing. With the help of an experienced DUI attorney handling the hearing, it improves the chances of a good outcome and the ability to continue to drive. If you fail to schedule the DMV hearing, in 10 days from arrest your license will automatically be suspended.

The next step in the DUI court process is the arraignment. This is a formal hearing in which you are charged with the DUI and you make your plea of guilty or not guilty. After the arraignment, the prosecutor will provide all of the reports as well as the video to the DUI defense lawyer within 15 days. The next step is to file motions to suppress or exclude evidence. Evidence such as a breath test or field sobriety tests can be excluded based on police or machine error and can result in a favorable outcome.

The actual DUI trial is the next step in your DUI charges. The trial may take more than one day, as jury selection can take time. Then the trial begins which has a standard format. Opening statements are made by both the prosecution and the defense. The witnesses including law enforcement are then examined and cross-examined. Final statements are then made by the prosecutor and the defense. The judge will then instruct the jury on the rules of jury deliberation. The jury will then deliberate and return their verdict to the court. A seasoned DUI trial attorney is absolutely vital if your DUI case goes to trial. At Parks & Braxton, the attorneys are seasoned trial lawyers (click our recent court wins to review the firm's success in court). Skillful negotiation and an aggressive defense can greatly improve your chances of a good result.

Contact a Tampa DUI Attorney from Parks & Braxton if you have been charged with DUI and want an experienced, quality defense lawyer to represent you and aggressively fight for your rights.