Phoenix DUI Process
Here is a concise list of the events that occur from the moment you are stopped for drunk driving. At Billar & Donald P.C., we are dedicated to making sure you understand all the options and rights available to you under the law. Our lawyers, based in Phoenix, will provide you with the comprehensive help you need.
Stop and/or search
You may be stopped for a number of reasons on the road, including regular traffic violations, sobriety checkpoints and the Arizona DUI Squad. You have the right to refuse to answer an officer’s questions. The officer does have the right to search your car without a warrant; once you’re arrested, probable cause is needed.
Arrest and booking process
Probable cause is necessary for an arrest to be made. You will be read your rights, among which are the right to remain silent and the right to an attorney. You will be given the opportunity to contact your attorney. Note that in most simple DUI cases you will not be arrested. You will be taken to a hospital, police station or mobile BAC, for Drug Recognition Evaluations (DRE). In processing, your fingerprints, a photo, and personal identification will be taken. All personal items will be confiscated and stored.
Investigation following arrest & charges
In most cases, the information needed will have been obtained during the drunk driving incident. However, for more complex cases such as second and third time offenders, or out of state defendants, prosecutors will have to investigate and decide on charges.
Arraignment and preliminary hearings
This occurs within 72 hours of your arrest. You will enter a plea. The judge will also decide whether to release you and set or refuse your bail. Preliminary hearings are set by the judge, for felony cases to appear in Superior Court.
Bail/bond
The money collected by the court, as security for your cooperation, can be paid in cash, property, or a bail bond.
Pretrial Conference
Your attorney and the prosecution will have the chance to talk over plea agreements to avoid going to trial. Your lawyer will discuss the pros and cons of this deal with you.
Motions and Evidentiary Hearings
A Judge will decide what evidence will be allowed to be brought to court. Police officers and witnesses may testify.
Speedy Trial
You have a right to this under the sixth amendment. The time frame can be extended so that your defense can be prepared
Trial
Trial by jury is required for crimes with punishments of six or more months. It will take place in the following stages: jury selection, opening statements, the state’s case, the defendants case, closing arguments, and jury deliberation. Other options are pleading guilty or a bench trial.
Sentencing
Appeal
Contact Us, Billar & Donald, P.C., or call 1-888-442-3236.
Our Phoenix Law firm welcomes any questions you have about your drunk driving accident or arrest. Contact us so we can begin an assessment and and help defend you.