As in any other court proceeding, Arizona DUI legal proceeding can be complicated and dependent on several factors. DUI cases in the state are dependent on whether the offense was classified as a misdemeanor or a felony. The former carries less sentence or fine than the latter.
DUI cases in Arizona do not always have a uniform process. Prior to being criminally charged, the offender needs to undergo an MVD hearing session which has a direct impact on your right to drive in Arizona. Thus, this should be given equal priority. You need to be aware of the deadlines imposed by the court as your failure to comply with the set deadline may forfeit your right to be heard.
The initial phase in the DUI proceeding is to appear before the judge. This kicks off the case and your presence may not be required unless you are charged with felony. In the first appearance, you are informed of the charges filed against you. The judge will then decide whether you are eligible to apply for bail or pay a bond.
Unless an indictment has happened, a preliminary hearing will be scheduled after the appearance. Here the judge will examine the evidence and causes presented and determine whether there is sufficient grounds for the DUI case charged against you. However, if there are additional charges, you may be taken back into custody.
Next step in the Arizona DUI process is the arraignment where you will be summoned to appear in the Superior Court. This is only applicable with aggravated DUI charges in the state. You will be informed of the charges and given an opportunity to respond.
After the arraignment is the pre-trial conference where the Arizona DUI lawyer you hired will be allowed to negotiate a plea with the lawyer of your accuser. Likewise, this is where the pre-trial motions will be issued.
Finally, the actual DUI trial will commence. How the defense and prosecution presented the case will determine your sentence. The decision can involve a simple jail sentence, a prison term, unsupervised or even formal probation. Likewise, the sentence may include a combination of these sanctions.
Your DUI attorney can work out some alternative programs in place of a prison term. Examples of these programs include electronic home monitoring, treatment, weekend work, or counseling. This is a complicated process and your Arizona DUI lawyer can simplify things for you.