For a lot of people facing Indiana DUI charges, this is a new situation. They haven’t been arrested before, and they don’t know what to expect. Here’s a brief overview of what a DUI defendant can expect.
It all begins with the night (or day) you get pulled over and arrested for a DUI. At that point, you’ll likely be taken into custody, and the state of Indiana will decide whether to charge you, and if so, what charges to file.
Once the charges are filed, an initial hearing will be scheduled. Depending on the county you’re in, this could happen the very next morning or be set out a few weeks. If you hire an experienced Indiana DUI attorney early on in your misdemeanor case, it might be possible to have the initial hearing waived.
If you do attend the initial hearing, the judge will explain the charges you’re facing, along with your rights and the possible punishments you could be facing. Your driver’s license may also be suspended at this point, but the Marc Lopez Law Firm can file for Specialized Driving Privileges. This has the effect of pausing that license suspension and allowing you to keep driving while the case is pending.
During the case, the court will hold pre-trial conferences. This is where information is shared and updates are provided. Your attorney and the prosecutor will negotiate as the case progresses, and this will lead to either a plea agreement or a trial. Ultimately, this decision is yours.
If you do decide to go to trial, you’ll have the option of a bench trial in front of the judge or a jury trial in front of your peers. In some situations, a bench trial is going to be preferable. In other cases, you’ll want to be in front of a jury. An experienced Indiana DUI attorney can tell one from the other.
At the conclusion of your case, you may still face a driver’s license suspension, but Specialized Driving Privileges will likely be an option. Give us a call at 317-632-3642 and remember—always plead the 5th!