If you or a loved one gets arrested for DUI in New Jersey, you must be wondering what happens and how to navigate the DUI process. A knowledgeable DWI criminal defense attorney will help you navigate the process from arrest to trial. Schedule a free consultation to learn about the steps of a DWI prosecution and what you need to do.
Summons and complaints:
Following a DUI arrest, you will be issued a “summons and complaint” (DUI ticket) outlining the charges and setting a court date for your arraignment. Other observed infractions, such as speeding or running a red light, may result in further penalties.
Typically, the arraignment takes place within a few days to a week of the DUI arrest. During the arraignment, the judge reads the charges, discusses the potential punishments, and recommends the defendant retain counsel. If you plead guilty, the court will promptly sentence you. A not-guilty plea results in a future court date for additional proceedings. It’s best to consult with a DUI attorney before your arraignment since they may often waive it and submit your plea on your behalf, saving you time and worry.
Attending the arraignment is critical if you want to avoid a warrant for your arrest and an immediate suspension of your license. For a better outcome, hire an attorney as soon as possible. If you cannot afford a private attorney, you may be eligible for a public defender based on your income.
The first step after hiring a lawyer is “discovery,” in which your attorney demands information from the prosecution, such as video/audio recordings, police reports, breath test results, expert information, and other evidence against you. The prosecutor will react to these requests in a timely manner.
In some situations, your attorney may conduct an independent investigation, which may include gathering evidence, interviewing witnesses, and engaging experts to help you defend yourself. Your attorney will identify potential defenses for your case after reviewing all of the facts.
Defending against a DUI accusation in New Jersey is difficult, but it is doable with the assistance of a skilled attorney near you. They can find beneficial facts to help your case, question evidence, and provide compelling arguments, which may result in a reduced charge or penalty. The following are some strategies for defending against a DUI charge.