DUI cases often get resolved before they can go to trial. However, you still have the right to a trial if you want to fight your charge in court. Whether your trial is by jury or only before a judge, the process may prove to be intimidating and overwhelming. Here are some commonly asked questions regarding typical DUI procedures and what you can expect from a trial.

4 FAQs About DUI Cases

What is the punishment for DUI?

Driving under the influence penalties vary by state, but even first offenses can carry significant fines, license suspension, or jail time. The court has the discretion to hand out less severe punishments, such as community service, probation, alcohol awareness education, and ignition interlock systems. Be aware that for every successive offense, imprisonment is more likely as well as the loss of driving privileges.

Can a case be dismissed if the officer didn’t give a Miranda warning?

The 5th Amendment warning should only be given after an arrest. If you haven’t been arrested, you probably cannot use this as a defense option for your DUI case. What could carry a greater weight in court is the failure of an officer to advise you about the implied consent law of your state. This refers to your legal obligation to submit to a chemical test, and the consequences if you refuse to do so. 

Are you allowed to represent yourself during court proceedings?

While you have every right to represent yourself in court, keep in mind that a DUI is considered a crime. The charges may carry severe penalties, and it’s beneficial to have a traffic lawyer on your side who can help improve your situation. These professionals are knowledgeable about the complexities of the law and are experienced when it comes to negotiating for reduced sentences or penalties.

Would you need a lawyer even if you plead guilty?

Even if you plead guilty, there is a chance to minimize your sentence if you seek legal counsel. Additionally, you may want assistance to ensure your constitutional rights will be upheld in court. Take note that if you plead not guilty, you may attend a preliminary hearing. At this point, a judge may decide whether or not there is enough evidence to pursue your case in court.
 

The expert attorneys at the Traffic Law Firm of Missouri will mount a strong defense to attain a favorable outcome regarding your DUI case. You can count on them for cases involving reckless driving, speeding, and other traffic law violations. Call them today at (636) 462-7867 to schedule your consultation or visit their Facebook page for the latest updates.

Disclaimer: Your choice for an attorney is an important one that should not be based solely on this article or advertisement. This communication does not create an attorney-client relationship, and that is obtained only if and when the client and the attorney sign a fee agreement after mutually agreeing on terms for representation. Call the office with any questions!