DUI Trial Process in RI
DUI Court: What to Expect
When you are arrested for suspicion of driving under the influence, you will be required to state your case before the court. This typically happens within 72 hours from arrest. Most DUI cases are charged as misdemeanors, and the court appearance will usually be in the district court. Felony DUI cases, while not as common, can occur, and are heard in superior court.
During your first court appearance, also called an arraignment, a judge will formally advise you of the charges that law enforcement placed against you. The judge will choose if you should be released, with the expectation that you are to return to court or to post a bail for your release. In the majority of cases, most of the accused are released, on the condition that they return to court.
What Happens at Pretrial for DUI in RI?
The DUI pretrial conference occurs. At this time, you can have a DUI lawyer provide counsel while prosecutors lay out all of the evidence that they have gathered. At this point, the case is now in the “discovery” stage.
At the DUI pre-trial conference, the evidence brought forth may include:
- Police reports
- Eyewitness accounts
- Video or audio recordings
- Chemical or field sobriety test results
Note that in Rhode Island, if you have refused to participate in a breathalyzer exam, then it could be considered a separate civil offense. You may have to appear before the district court, as well as traffic court. There may be some instances where you should refuse the test, so it is best you discuss that with your Rhode Island DUI attorney for the specifics regarding:
What Happens in DUI Court in RI?
Court cases follow a very specific regiment. Obviously, each case will be different in their evidence, circumstances, and whatever else may be at stake.
- However, we can provide you with a clearer outline of what is to come and what you may expect to see during a trial.
- Pre-trial motions begin. Both prosecutor and defense will bring forth their arguments to the court.
- Opening statements: both sides will present an overview of their arguments.
- Prosecutors and defense teams will both argue their case and examine witnesses.
- Prosecutors and defense will cross-examine the witnesses.
- Closing arguments.
- The sentence is delivered.
While this is only a general outline of the entire process, we strongly urge you to speak with a DUI lawyer as soon as possible. We can provide you with appropriate legal advice with regards to your particular situation.
At The Law Office of Thomas C. Thomasian, Esq, you can have a seasoned trial lawyer on your side. Rhode Island DUI attorney Tom Thomasian is known for his dedication to defending the reputation of his clients, but also for achieving great successes in his career. He was one of the 10 Best in Client Satisfaction by the American Institute of Criminal Attorneys as well as one of the Top 100 Criminal Defense Trial Lawyers in America.
You have a right to protect yourself, so do not hesitate to call the Rhode Island defense office at any time—24 hours a day, 7 days a week.
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