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Driving under the influence (DUI) is a serious charge that carries potential penalties such as fines, jail time, and license suspension. For anyone facing a DUI charge, understanding the process can make a daunting experience more manageable. This guide explains the stages of a Lancaster DUI case, from the initial stop to the potential resolution, with an emphasis on your rights and the role of legal representation.

1. The Stop

Most DUI cases begin with a traffic stop. An officer may pull you over due to erratic driving, a traffic violation, or at a sobriety checkpoint. During the stop, the officer will observe your behavior for signs of intoxication, such as slurred speech, bloodshot eyes, or the smell of alcohol.

Your Rights

  • Right to Remain Silent: You are not obligated to answer incriminating questions, such as “Have you been drinking?”
  • Compliance Without Admission: Be polite, but avoid volunteering information that could be used against you.

2. Field Sobriety and Breath Tests

The officer may ask you to perform field sobriety tests (FSTs) or use a preliminary breath test (PBT) device to gauge your impairment.

Field Sobriety Tests

Common FSTs include:

  • Walk-and-turn.
  • One-leg stand.
  • Horizontal gaze nystagmus (following a penlight with your eyes).

Preliminary Breath Test

A PBT is often administered roadside to estimate your blood alcohol concentration (BAC). The results help the officer determine probable cause for an arrest but may not be admissible in court.

Legal Implications

  • FSTs and PBTs are typically voluntary.
  • Refusal may lead to arrest, depending on state laws.

3. Arrest and Booking

If the officer determines there is probable cause, you will be placed under arrest.

The Arrest

You will likely be handcuffed, informed of your rights, and transported to the police station.

Booking Process

  • Photographing (mugshots) and fingerprinting.
  • Recording personal information.
  • Temporary holding until release is arranged.

Bail and Release

Depending on the severity of the charge, bail may be set, or you may be released on your recognizance.

4. Chemical Testing

Once in custody, you will be asked to submit to a chemical test (breath, blood, or urine) to confirm your BAC.

Implied Consent

By obtaining a driver’s license, you agree to submit to chemical testing if lawfully requested. Refusal often results in immediate administrative penalties, such as license suspension.

5. Arraignment

At the arraignment, the court formally informs you of the charges against you, and you enter a plea:

  • Guilty: Admitting to the charge.
  • Not Guilty: Contesting the charge.
  • No Contest: Accepting the penalties without admitting guilt.

This stage also provides an opportunity for a judge to adjust bail.

6. Pre-Trial Motions and Hearings

Pre-trial proceedings focus on preparing both sides for trial and exploring resolutions outside of court.

Discovery

The defense and prosecution exchange evidence, such as the results of chemical tests or body camera footage.

Motions to Suppress

Your attorney may file motions to exclude evidence obtained unlawfully, such as:

  • Results from an illegal stop.
  • Improperly administered breath tests.

Negotiations

Many DUI cases are resolved through plea bargains, which may reduce charges or penalties.

7. Trial

If no resolution is reached, your case proceeds to trial.

Trial Process

  • Jury Selection: Impartial jurors are chosen.
  • Opening Statements: Both sides outline their case.
  • Presentation of Evidence: Witness testimonies, test results, and video footage are presented.
  • Closing Arguments: Each side summarizes its position.
  • Verdict: The jury or judge determines whether you are guilty or not guilty.

8. Sentencing

If convicted, sentencing occurs either immediately or at a later hearing.

Common Penalties

  • Fines.
  • Jail time.
  • License suspension.
  • Mandatory DUI education programs.
  • Installation of an ignition interlock device.

9. Appeals and Post-Conviction Options

If you believe errors occurred during the trial, you may appeal the verdict or sentence. Post-conviction relief, such as expungement, may be possible under certain conditions.

Conclusion

Understanding the stages of a DUI case can help you navigate the process with confidence. Legal representation is crucial at every stage to protect your rights and build the best possible defense.

FAQs

1. What should I do if I’m pulled over for suspicion of DUI?
Remain calm, be respectful, and avoid self-incriminating statements. You can politely decline field sobriety tests if they are voluntary in your state.
2. What happens if I refuse a breathalyzer or blood test?
Refusal may result in penalties like immediate license suspension and can be used against you in court.
3. Can a DUI charge be dismissed?
Yes, depending on the circumstances. Common defenses include challenging the legality of the stop or the accuracy of test results.
4. Do I need a lawyer for a DUI case?
Yes. A skilled attorney can identify weaknesses in the prosecution’s case, negotiate plea deals, or represent you at trial.
5. How long does a DUI case typically take?
It can take weeks to months, depending on whether the case goes to trial and the complexity of the evidence.
6. Can I get my license back after a DUI?
You can often apply for license reinstatement after serving the suspension period and meeting certain requirements.
7. Will a DUI stay on my record forever?
In most states, a DUI remains on your record for a set period, but expungement may be possible under certain conditions.