Phoenix DUI Attorney
After being charged with a Phoenix, Arizona DUI, fear of the unknown is traumatic. You need answers to the question of "What happens next? The first thing you need to do is to contact an Arizona Criminal Defense Lawyer experienced in defending Arizona DUI charges. A good Arizona DUI lawyer will make sure the DUI and all events have the least impact on you and your life as possible; exhaust all measures to lowering the charges and sentencing; and press for a complete dismissal of the matter, depending on the circumstances of your case.
The following will shed some light on the "General" order of processes that follow if they apply to your situation:
1. Motor Vehicle Hearing: To preserve your right to drive in Arizona, you must request a hearing within 15 days after your license has been taken from you by an officer or within the time set by Motor Vehicle in a suspension letter. If you had a valid license when you were stopped, you may qualify for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. You can plan on at least 30-45 days of driving. If you lose at the hearing, you can not drive after the hearing. Crucial defenses can be developed at the hearing. Also ask your attorney of the consequences of requesting the hearing verses stipulating to the suspension. You are trying to minimize any and all impact on your life due to this DUI charge. Including the need for an SR 22 insurance policy.
2. Arraignment: This is the date on your ticket, about 30 to 60 days after your DUI arrest. If you have an attorney and are not on bond, you do not have to appear. A Good Arizona Attorney will take care of the first court date, so that you do not have to appear. The purpose of the arraignment is to mainly advise you of your rights. Your attorney will be able to give you that information. If you do not have an attorney, you must appear at the arraignment. If you do have an attorney confirm, whether or not you will be required to attend.
3. Pre-trial Conference: Your attorney will discuss your case, with the prosecution and attempt to negotiate the best possible plea bargain. It will happen about 6 weeks after arraignment. The date is agreed upon by the Court and your attorney's calendar. There are typically 2-3 pre-trial hearings.
4. Suppression or Evidentiary Hearing: A good Arizona DUI Attorney may be able to request the State to suppress some or all evidence against you, if your constitutional rights have been violated, or if any circumstances surrounding your case warrant suppression of the evidence. Your attorney will also file motions to the court requesting to suppress or dismiss a portion of all evidence, if the circumstances warrant. This usually occurs after the first pre-trial conference.
5. Trial: If your Attorney and the Prosecution are unable to agree upon an acceptable sentencing, plea bargain or dismissal of your case, you have the right to request a trial. Trial must be held within six months after plea.
6. Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentencing and DUI convictions can include incarceration, driver's license suspension, fees, fines and/or counseling, and required use of an ignition interlock device in your vehicle.
DUI charges in Arizona are not something you want to defend on your own, without an Arizona DUI Defense Attorney. Arizona has some of the toughest DUI laws, in the country. Trying to defend your own Arizona DUI charges in absence of retaining a Phoenix Arizona DUI Attorney is very dangerous. Hiring an experienced DUI Attorney will make all the difference in the outcome of your case