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Home > DUI and Drunk Driving > Procedures Expected In A DUI & Drunk Driving Case

Procedures Expected
In A DUI & Drunk Driving Case

The procedures in your case can vary depending on the Court where your charges are pending. Contact an attorney at The Law Offices of THOMAS J. TOMKO and Associates, P.C. by calling 586-795-8822 (Macomb or St. Clair), or 248-656-7722 (Oakland or Wayne), to make an in-office appointment, or request a Free E-Mail Case Analysis.

A summary of the general proceedings is provided here fore reference:

Arraignment An Arraignment may be scheduled in your case to inform you of the charges, the maximum penalties, to ask how you plead, and to set bond. In DUI & Drunk Driving cases, this is often done on the morning after your arrest. If not formally done, your attorney can many times waive this procedure and avoid an extra day in Court.
Pre-Trial Conference In most DUI & Drunk Driving cases, a Pre-Trial is scheduled to determine whether a plea to a reduced charge will be offered and whether you will accept this plea. If offered and accepted, you may appear in front of the Judge, or you may have a plea and sentence scheduled on a later date. Ask your attorney for the expected procedure in your Court.
Trial If there is no plea following the Pre-Trial, then your case will be scheduled for Trial. You may choose a Jury or "Bench" Trial. (E.g. one tried by Judge & not the Jury). On the date for Trial, you may still consider the plea offered, if any.
Screening Whether convicted by plea or after trial, State law requires a "Screening." This procedure involves your meeting with the Probation Department and preparation of a report about your background with respect to drinking, and a recommendation about sentencing. You will review the Screening Report with your attorney prior to Sentencing.
Sentencing The Court will impose penalties consistent with the goals of Sentencing: Punishment, Protection of Society, and Rehabilitation. You will be required to attend at least one alcohol awareness class. Some Courts impose an awareness weekend, AA classes, Counseling, Reporting Probation, a Tether, Community Service, Random Testing, and vehicle immobilization. License sanctions are imposed by the Secretary of State. (See Drunk Driving License Suspensions.) You should be prepared to pay all fines and costs imposed. (Typically $650 to $1,300 for a 1st Offense.) Ask your attorney for expected penalties and costs.

The procedures and penalties in your case will vary by Court and by your background. Don't be left in the dark. Contact an attorney at The Law Offices of THOMAS J. TOMKO and Associates, P.C. by calling 586-795-8822 (Macomb or St. Clair), or 248-656-7722 (Oakland or Wayne), to make an in-office appointment, or request a Free E-Mail Case Analysis. You can know what to expect before going to Court! Call today.


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