Being arrested for driving under the influence (DUI) or driving while intoxicated (DWI) in New Jersey can be overwhelming and intimidating. Understanding the legal process that follows your arrest can help you prepare and protect your rights. At Camili & Capo, PA, our dedicated New Jersey DUI attorneys are here to guide you through every phase of this challenging journey.
Step 1: The Arrest
The process begins when you are pulled over by law enforcement for suspected DUI/DWI. This typically involves the officer observing signs of impairment such as erratic driving, the smell of alcohol, or slurred speech. You will likely be asked to perform field sobriety tests and take a breathalyzer test. If the officer has probable cause to believe you are under the influence, you will be arrested and taken into custody.
What to Do
- Remain Calm: Cooperate with the officer and avoid any aggressive or confrontational behavior.
- Understand Your Rights: You have the right to remain silent and request an attorney. Exercise this right to avoid self-incrimination.
- Contact a Lawyer: Reach out to a New Jersey DUI attorney at Camili & Capo, PA as soon as possible.
Step 2: Booking and Processing
After your arrest, you will be taken to the police station for booking. This involves recording your personal information, taking fingerprints, and photographing you for a mugshot. You will also be asked to take additional chemical tests to determine your blood alcohol concentration (BAC).
What to Do
- Provide Basic Information: Cooperate with the booking process but avoid discussing the details of your case without your attorney present.
- Request a Copy of the Report: Ask for copies of any paperwork related to your arrest and booking. This can be crucial for your defense.
Step 3: Initial Court Appearance
Within a few days of your arrest, you will have your initial court appearance, also known as an arraignment. During this hearing, the charges against you will be formally presented, and you will be asked to enter a plea (guilty, not guilty, or no contest).
What to Do
- Consult Your Attorney: Before the arraignment, discuss your case and plea options with your attorney.
- Enter Your Plea: Follow your attorney’s advice on how to plead based on your specific circumstances.
Step 4: Pre-Trial Motions and Hearings
Following the arraignment, there may be several pre-trial motions and hearings. Your attorney will use this time to gather evidence, review the prosecution's case, and file motions to suppress evidence or dismiss charges if applicable.
What to Do
- Stay Informed: Attend all scheduled hearings and keep in close contact with your attorney.
- Prepare Your Defense: Work with your attorney to build a strong defense strategy, including gathering any evidence or witnesses that may support your case.
Step 5: Plea Bargaining
In many DUI/DWI cases, the prosecution and defense may engage in plea bargaining to reach a mutually agreeable resolution without going to trial. This could involve pleading guilty to a lesser charge in exchange for reduced penalties.
What to Do
- Evaluate Offers: Carefully consider any plea offers with your attorney, weighing the potential benefits and drawbacks.
- Make an Informed Decision: Decide whether to accept a plea deal or proceed to trial based on your attorney’s advice and the specifics of your case.
Step 6: Trial
If your case goes to trial, both sides will present their evidence and arguments before a judge or jury. Your attorney will cross-examine the prosecution's witnesses, challenge their evidence, and present your defense.
What to Do
- Be Prepared: Work closely with your attorney to prepare for trial, including reviewing your testimony and understanding the court procedures.
- Maintain Composure: Attend all trial dates, dress appropriately, and conduct yourself respectfully in court.
Step 7: Sentencing
If you are found guilty, the judge will impose a sentence based on the severity of the offense and any prior convictions. Sentencing can include fines, jail time, community service, probation, and mandatory participation in alcohol education programs.
What to Do
- Follow Court Orders: Adhere to all aspects of your sentence to avoid additional legal complications.
- Seek Support: Utilize any court-ordered programs or counseling services to address underlying issues and prevent future offenses.
Step 8: Post-Conviction Options
After sentencing, you may have options for post-conviction relief, such as filing an appeal or seeking expungement of your record.
Things to Do
- Discuss with Your Attorney: Explore post-conviction options with your attorney to determine the best course of action.
- Take Action: Follow through on any steps necessary to pursue appeals or expungements if applicable.
Defend Your Rights After a DUI/DWI Arrest – Contact Camili & Capo, PA Today
Navigating the aftermath of a DUI/DWI arrest in New Jersey can be daunting, but you don't have to face it alone. The experienced DWI defense lawyers in NJ at Camili & Capo, PA are here to provide the guidance and representation you need. From your initial arrest to the final resolution of your case, we are committed to protecting your rights and achieving the best possible outcome. If you or a loved one has been arrested for DUI/DWI, contact us today for a consultation and let us help you through this challenging time.
