DUI Pre-Trial Motions

Are you facing a DUI charge? If so, it is important for you to familiarize yourself with the court proceedings you will be required to attend—one of the most important being the DUI pre-trial motions.

Shortly after your DUI arrest, you will first attend an arraignment, which is where you will enter a plea of “guilty,” “not guilty,” or “no contest.” Depending on your state, a preliminary hearing may then be required to determine whether there is sufficient evidence to support the charges against you. After the preliminary hearing—or, in states that do not require preliminary hearings, the arraignment—the DUI pre-trial motions follow.

The pre-trial motions mark the time when both the prosecution (the attorney for the state that is charging you) and the defense (you or your personal attorney) present their arguments to a judge to determine the guidelines for the upcoming trial. What exactly does this mean? Well, in many cases, the prosecution may submit evidence, such as chemical test results, witness testimonies, or even statements made during your arrest, to prove your guilt. It is then up to you or your attorney to prove this evidence invalid, so that it cannot be used against you—otherwise, it will be submitted to the court during your criminal trial. 

Fortunately, an experienced attorney can often find valid reasons to challenge the prosecution’s evidence. If, for example, you were not advised of your Miranda rights at the time of your arrest, any statements you made cannot be used against you. Other issues, such as lack of probable cause (whether the officer had a reason to pull you over in the first place) or questionable methods, may also be questioned by the defense.

If you were recently charged with DUI, it is important to speak with an experienced DUI attorney prior to your day in court. With the right representation, you may be able to challenge any damaging evidence that can be used against you—which, in turn, could lead to a reduction or dismissal of the charges against you. Contact an attorney in your area today to discuss your DUI pre-trial motions and determine the best defense strategies for your case.