DUI Preliminary Hearing

Contrary to popular belief, being charged with driving under the influence (DUI) does not automatically result in a conviction. In fact, there are several hearings that must take place before a person can be convicted of DUI—in many states, one of the first of these proceedings is known as a DUI preliminary hearing.

So what exactly is a preliminary hearing? Known as the prologue to the actual trial, a preliminary hearing is heard by a criminal court judge who decides whether there is enough evidence to warrant the charges against you—think of it as a trial for the trial. Both the prosecution (the state) and the defendant (you) will present their arguments at this time, and introduce any evidence and/or witnesses to support their argument. The judge will then evaluate this information to determine if there is enough evidence to convince a jury that you committed the crime in question—a concept known as probable cause.

A preliminary hearing is not required if you plead guilty to the charge against you—a factor that leads many individuals to simply submit a guilty plea on the spot. However, it is important to consider the ramifications of a DUI conviction before you decide to enter your plea.

If you are convicted of DUI, you may be sentenced to jail time, probation, or community service. In addition, a DUI conviction will also be reported on your criminal record. This means anyone who performs a background check on you will see that you pleaded guilty to DUI—a fact that may disqualify you from future employment and educational or housing opportunities.

If you have been charged with DUI in a state that requires a preliminary hearing, it is important to seek help from a reputable DUI attorney before your day in court. An experienced legal representative can evaluate your case and determine the right defense strategy for you. Your attorney will challenge any evidence used against you during the DUI preliminary hearing and may even be able to have the charges against you reduced or dropped altogether. Contact a DUI attorney in your area today to discuss your upcoming DUI preliminary hearing.