If you have been arrested for driving under the influence of alcohol or drugs and charged with a DUI, you may be feeling uncertain about exactly how the process of DUI charges actually work. It is important to contact a skilled Murfreesboro DUI defense attorney as soon as you are charged with a DUI, so they can guide you in the right direction toward a more positive outcome for your serious legal situation.
There are many different stages of the DUI court process in Tennessee. The process begins with a DUI arrest. A law enforcement officer must suspect that you are driving under the influence of alcohol or drugs due to reckless driving, speeding or other suspicious activities before legally pulling you over. You will be arrested and taken to jail if the officer determines that you are impaired and unable to operate a vehicle.
After you post bail, a court date will be set for your first appearance usually between two and six weeks from the date of your arrest. Driving under the influence (DUI) charges are taken very seriously in Tennessee, and it is important that you contact a skilled Murfreesboro DUI attorney before your first court appearance to begin strategizing a defense plan for your DUI case. A knowledgeable Murfreesboro DUI attorney will advise you about the charges you face, your rights, and possible penalties that you may receive. These things are also what you will be told in your first hearing. You may be asked at this court date to submit a plea for your DUI charges. If your case cannot be resolved at this court date, the Court will set a trial date for General Sessions Court.
The General Sessions Court has jurisdiction over only misdemeanor DUI cases. There are three ways to settle a case in General Sessions Court: preliminary hearing, trial without a jury or plea agreement. In a preliminary hearing the prosecution must prove that there is probable cause that you were in fact driving impaired. Probable cause states that the prosecution must supply the Court with evidence and quality information showing that “it’s more likely than not that a crime has occurred and the suspect is involved*.” If probable cause is determined, your DUI charge will be presented to the Grand Jury.
The Grand Jury is made up of 13 people who meet to determine if probable cause exists. Only the prosecution is heard at this hearing, so in a majority of cases probable cause is found to exist.
The next step in the DUI process is trial court. In Criminal Court you and your Murfreesboro DUI defense lawyer will follow a standardized process for trial. Twelve people from the community will be brought in as jurors for your case. After the court comes to order both prosecution and defense will make opening statements. Next, the State will present evidence that you committed a DUI offense. Once all the evidence has brought forward, the judge decides if the prosecution has enough evidence to sustain the charge. If not, the judge dismisses the charges. If so, the Court is called back to order and the defense then makes it’s case. An experienced and skilled Murfreesboro DUI attorney will have devised an effective strategy of defense that he or she will present for your case. At the end of the defense case, closing statements are made and the judge will instruct the jurors to deliberate the evidence and return with their verdict, guilty or not guilty. If you are found guilty, the judge will decide on your sentencing. If you are not happy with a guilty verdict, an appeal is possible. If you are found not guilty, you are free to leave the court with no penalties.
Understanding the DUI process can be confusing, but with the help of an experienced Murfreesboro DUI attorney from Wilson & Bradley, you can be sure that you are taking the right steps on time. At Wilson & Bradley, we can schedule your first hearing for you, and build a creative and effective defense that will be implemented even in the initial hearing.
It is paramount to your DUI case to contact a seasoned Murfreesboro DUI attorney from Wilson & Bradley immediately after your arrest. Our attorneys have over 20 years of experience practicing DUI law in Murfreesboro, Tennessee. Driving under the influence (DUI) of alcohol or drugs is a serious charge with serious consequences including jail time, license suspension, mandatory community service and substance abuse classes. Every DUI case is different, but at Wilson & Bradley we promise that if there is a way to get your charges reduced or dropped we will find it during the DUI Process.
Contact a Murfreesboro DUI attorney from Wilson & Bradley at (615) 895-0030 without delay if you have been charged with driving drunk. We will work aggressively get your charges reduced or dropped.
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