Driving Under The Influence (“DUI”)

Driving Under The Influence ("DUI")

Have you been arrested for a DUI?

A DUI arrest does not equal a DUI conviction or license suspension. It is critically important to retain an experienced attorney in criminal law to fight any DUI case.

What happens after a typical arrest?

A typical arrest for suspected driving under the influence will trigger both criminal charges in Superior Court and an administrative process at the DMV.

Evaluation

In terms of the criminal case, a prosecutor will evaluate the reports produced by law enforcement and government experts to determine what charges to file, if any.

Filing Charges

Depending on the circumstances the prosecutor’s office can file charges at the misdemeanor or felony level. In most cases, the prosecutor will file a Complaint (the actual charges) on or before the date listed as the “arraignment.”

DMV Administrative Process

The driver or his or her attorney, must schedule a hearing within ten calendar days of the arrest, otherwise the right to a hearing is forfeited. It is possible to postpone, or “stay” any suspension that may happen until after this hearing.

How to fight DUI cases

DUI arrest does not equal a DUI conviction or administrative license suspension. There are many ways to fight these cases, and the body of criminal law related to DUI matters is voluminous and complex.

How DUI prosecutions differ

Often DUI cases are subject to special rules during the various court proceedings. Potential defenses can require an attorney to marshal sophisticated scientific arguments related to toxicology and a number of other fields.

It is critically important to retain an attorney experienced in criminal law for any DUI case.

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