DUI Court Process

Representation For The Entire DUI Court Process

The DUI defense attorneys at Ryan & Grinde, Ltd., are aware of how overwhelming the court system can be. As your legal representation, we will be with you throughout the entirety of your criminal matter. We can answer any questions you have about the DUI court process and help you move from step to step with as little confusion as possible.

The following is a brief outline of the DUI court process. For further information and to get started on your defense, call us in Rochester today at 507-218-7935.

The severity of the charges that you face will be based upon your prior DUI history along with any aggravating factors. You may face:

  • A fourth-degree DUI, which is a misdemeanor
  • A third-degree DUI or a second-degree DUI, both of which are gross misdemeanors
  • A first-degree DUI, which is a felony

We Can Protect Your Rights At All Stages Of The Process

The process for a misdemeanor is as follows:

  • The arresting officer will provide you with a ticket that includes your court date. Some people, though, are released and then receive a court summons.
  • Your first hearing is an arraignment in which you enter a plea of guilty or not guilty.
  • In the event of a guilty plea, the judge typically sentences the individual to a $300 to $400 fine along with probation.
  • In the event of a not guilty plea, you will receive conditions for your release and a date is set for a trial or a pretrial conference.
  • It is possible that a contested omnibus hearing will be set to deal with any constitutional issues. Additionally, the license revocation hearing may be scheduled at this time. It is possible that the case could be dismissed at the omnibus hearing based on the constitutional violations.
  • The trial may take place before a jury of six of your peers, and they will have to agree unanimously upon your guilt.

The process for gross misdemeanor and felony DUI is more involved than that of the misdemeanor process and is as follows:

  • The first hearing is divided into two separate hearings: Rule 5 hearing and Rule 8 hearing. In this hearing, it will be determined that the defendant understands the charges, bail will be determined and a potential contested omnibus hearing will be scheduled.
  • Similar to the misdemeanor process, there is a contested omnibus hearing to deal with any possible constitutional violations. Charges could be dismissed at the hearing. If not, a pretrial and trial are scheduled.
  • In a felony trial, you will be judged by a jury of 12 of your peers, and they must come to a unanimous decision.
  • If you are found guilty, a sentencing date will be set.

Talk To A Defense Lawyer For More Information

Of course, there is much more to both of these processes than is outlined above. We advise you to contact a defense lawyer rather than try to navigate any of this on your own. Schedule a consultation with Ryan & Grinde, Ltd., by calling us locally in Rochester at 507-218-7935.