Flow of DUI Case – City of Gilbert

If you are charged with DUI in Gilbert, Arizona, you should know it will take some time for justice to take its course. Be patient as one of our Gilbert DUI attorneys fiercely advocates on your behalf and you just might walk away from this ordeal with a minimal penalty or no penalty at all. Let’s take a look at how an Arizona DUI case typically progresses.

After the Arrest

After you’ve been arrested the officers may cite and release you, book you into jail, or elect to long form charges. This last option is sometimes used when an officer wants to wait for blood test results to come back before formally charging you with a DUI. In any event, listen closely and carefully observe the police officer during all stages of the investigation. If you were not read your Miranda rights, there may be grounds to suppress your post-arrest statements. Once you’ve been booked and subsequently released from detention, the police will submit the charges for prosecution.

The MVD Hearing

The MVD hearing is distinct from the criminal case. This hearing pertains to the suspension of the driver’s license, which depending on the circumstances could be anywhere from 90 days to 12 months. If you want to challenge the suspension you must request a hearing within 30 days of being served with the notice of the impending suspension. If a hearing is timely requested the suspension will not take effect at least until there is a hearing, which is usually 3-4 months from date of the request. If you win the hearing your driving privileges will typically not be suspended unless you are ultimately convicted of a DUI in your criminal matter.

DUI Court Proceedings

The arraignment is the date on the ticket that states when you are to appear before the judge. It is at this time that you are formally charged and the bail is set. If you have a DUI defense attorney in Gilbert at your service, he or she can enter a plea of not guilty on your behalf so that you don’t need to attend. After that they will get to work investigating the State’s case and preparing your defense. Because this process takes time, there may be a number of pretrial conferences before your case has been prepared to a point where fruitful plea negotiations can take place. If those negotiations yield an offer to a reduced charge, you may elect at that time to resolve your matter via a plea agreement. If you don’t, then it will be resolved at trial.

The Trial

The trial is the final step of the DUI case prior to the decision pertaining to punishment (or lack thereof). The trial will likely last a couple days. Our legal team is here to prepare the optimal defense strategy on your behalf based on the unique facts of your specific case. We will also help you determine if it is in your interest to have the trial in front of a judge or a jury. If it is determined that the case will be tried before a jury, our legal team will help select the members of that group to ensure they are truly an impartial jury of your peers.

Steps to Take Immediately Following Gilbert DUI Arrest

If you were pulled over and arrested for DUI in Gilbert, Arizona, it’s vital to get in contact with an experienced Gilbert DUI lawyer immediately. Once you’re arrested, time is limited when it comes to requesting an MVD hearing to postpone or prevent the suspension of your driver’s license.

Contact a Gilbert DUI Lawyer

A lawyer can help preserve your rights and help you navigate through the system. By having a lawyer by your side, you will have comprehensive representation for court appearances. You will also be advised on whether to take a plea deal for a lesser charge or take your DUI case to trial. Schedule your free consultation today with a Gilbert DUI defense lawyer by contacting Rosenstein Law Group online here or by calling (480) 248-7666.


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