You knew you shouldn’t have gotten behind the wheel after drinking, but it is too late now. You knew the moment you saw the flashing lights behind you that this was going to be bad. So you have been arrested and taken to jail on a driving under the influence (DUI) charge, but what happens next?
After being pulled over, you will probably be given some field sobriety tests, and a breathalyzer test to determine your level of intoxication. You can refuse to take the tests or the breathalyzer, but in most states that will lead to an immediate suspension of your driver’s license. If the officer determines that you are in fact intoxicated above the legal limit you will be arrested and read your rights. You will then be taken in to jail for booking and processing.
Once you get to the jail you will have your picture taken and be fingerprinted, and any personal property you have with you will be confiscated. You may also be given other sobriety tests, and another breathalyzer. After you have been processed into the system you will have to arrange for bail in order to be released. If you cannot afford to pay the bail amount yourself you will need to contact a bail bondsman to help you. By paying the bail amount you are agreeing to be released from jail, but promising to return to court for all future appearances.
After being released on bail, you will receive a court date for arraignment. Arraignment takes place before a judge in a court room. During the arraignment the charges against the defendant will be read, and the judge will ask you how you plead to the charges. The judge will then ask you if you have an attorney, or if you need one to be appointed by the court. If you plead guilty to the charges you will be given a date for sentencing, and if you plead not guilty you will be given a date for a preliminary hearing.
If you choose to go to trial you will need a lawyer to help you file all the proper motions and navigate the legal system for you. A good lawyer may be able to plead the charges down or even get them dismissed. On the other hand, do you really want to go through a trial missing time from work and having a jury decide your fate?
If you already told the judge you were guilty at the arraignment your next step will be sentencing. The judge will be the one who reviews your case and decides on an appropriate sentence. Your sentence could be jail time (not likely for a first offense), probation, community service, DUI School, AA meetings, or a forfeiture of your license. Generally, you will be sentenced to a combination of these things. Your license will probably be suspended for a while, and you may also have to pay a fine and complete community service. The sentence is totally up to the judge so remember that when you are in court!
Driving under the influence laws vary from state to state and this is just a general outline of the procedures following a DUI arrest. If you don’t drink and drive you will never have to worry about what happens after you are arrested!