Helping Throughout All Steps of Your Trial
Each stage of a DUI case involves specific steps that must be addressed to be successful. Failing to address these issues may spell disaster for your case. It is important to have an experienced criminal defense attorney at your side during every stage of your case.
For information about the criminal and administrative hearing stages of a DUI case, contact me at the Law Offices of Francis E. Farren in Newark, Delaware, for a free consultation.
Field Sobriety Tests
Many of the most important aspects of a DUI case happen even before the police arrest a person for DUI. The purpose of field sobriety tests is to gather enough information for the officer to determine whether you are intoxicated. The police officer may conduct these tests improperly. You must know that you have the right to refuse any of these tests.
Arrest
After gathering enough evidence to determine you are intoxicated, the police officer will arrest you and take you down to the station. It is important to request to speak to an attorney immediately and refrain from making any incriminating statements to law enforcement officers. You don’t want to provide any more evidence to the police than they have already gathered.
Arraignment in Court
This informal court hearing is where the court will present the charges against you and request a plea from you. This can be an intimidating process. It is helpful to have a lawyer to be there for you.
Discovery
The discovery process is when your attorney gathers all pertinent information surrounding your case. A police report usually contains much of the information necessary for your case — reasons for your stop, field sobriety test results, other observations, your blood alcohol test results and other information used to charge you.
Suppression Hearing
If your attorney identifies any issues surrounding the reasons of the stop, police procedures or evidence gathered, he or she can file a motion to suppress evidence with the court. If successful, this ruling will make any illegally obtained evidence inadmissible in court.
DMV Administrative Hearing
Trial
After thorough preparation and investigation, I will take your case to trial if necessary. It is here where I will attempt to obtain a favorable plea bargain from the prosecutor. If unsuccessful, the trial is the ultimate step of your case.
DMV ADMINISTRATIVE HEARING
While your charges are pending in Court, if you have requested a DMV Administrative Hearing, DMV will likely schedule your DMV hearing. At this hearing, the hearing officer must decide whether he has "probable cause" to believe you are guilty of DUI. This is a much lower evidentiary standard than "proof beyond a reasonable doubt" and much easier for the State to prove. If a hearing is held and ruled in your favor, there will be no effect on your driving privileges inside the State of Delaware and you will be able to get your license back (if licensed in Delaware), pending the outcome of your trial. If DMV rules against you at that administrative hearing, your driving privileges inside the State of Delaware will be revoked for a period of 90 days (1st offense), 1 year (2nd offense), or 18 months (3+ offenses). If you refused to submit to a chemical test after being informed of the penalty for such refusal, your driving privileges inside the State of Delaware will be revoked for 1 year (1st offense), 18 months (2nd offense within 5 years), or 2 years (3+ offense).
For more information about each of the stages of your DUI case, contact me at the Law Offices of Francis E. Farren by e-mailing or calling 866-603-4647 or 302-294-0331.
