Alabama DUI Process

For many, being arrested for driving under the influence (DUI) is their first experience with the Alabama legal system. If you are facing drunk-driving charges, you should contact an experienced defense attorney to learn more about the Alabama DUI process.

The first step in the DUI process is the arrest. An office may pull you over if he or she believes that you are under the influence of alcohol and/or drugs. During this traffic stop, you may be asked to perform a series of field sobriety tests or to submit to a breathalyzer test. If you fail these tests, the officer then has probable cause to make a DUI arrest and take you to the police station.

At the police station, you may be booked—that is, you will be fingerprinted, searched and have your mug shot taken. You may then be placed into a holding cell until eligible for release. In some cases, you may be released on your own recognizance, which means you promise to show up to court or face additional consequences. If bond is required, you must stay in jail until the bond is paid. If you are ineligible for release, you may be held until your case is over.

Your first court appearance will be during arraignment. At this hearing, the judge will read the charges against you and ask how you plea. You have three choices: guilty, not guilty, or no contest. If you plead guilty or no contest, you may be sentenced on the spot. If you plead not guilty, the judge will set a date for your trial. While an attorney is not necessary during this time, consulting an experienced DUI defense attorney before submitting a plea may be in your best interest.

The preliminary hearing is the next step in the DUI process. During this time, the judge will decide if there is enough evidence to support your DUI charge. If there is, you will move on to the pretrial hearing. The prosecution and defense may file pretrial motions during this time for discovery or to suppress evidence. Both sides may also speak about the possibility of a plea deal.

If you do not agree to a plea deal, you will then go on to the trial. Both the prosecution and defense may enter evidence during this time and interview witnesses. You may face either a jury trial or a bench trial, in which the judge hears the case and determines the sentence.

After the closing arguments by both sides, the jury or judge will deliberate on your case in order to determine a verdict. If you are found not guilty, the DUI process is over. However, if you are found guilty, a date may be set for sentencing.

As you can see, the Alabama DUI process is quite complicated and involved. By having an experienced DUI defense attorney on your side, you can increase the chances of a positive outcome. Contact The Whitney B. Polson DUI Defense Office for more information on your pending DUI charges.