DUI/DWI Preliminary Hearing

The Trial Before the Trial

Like many, a DUI is a first run-in with the law for citizens. And many people find it to be a confusing and scary process. To help answer some of the questions you may be having, we’ve provided the information below about what to expect during a preliminary hearing.

There are many court proceedings, the first being arraignment. But after the arraignment comes the preliminary hearing, which many think of as the trail before the trial. It’s important to note that this is not the time when the judge decides if a suspect is guilty or not guilty, but whether or not there is enough evidence against the defendant to support a trial. Here, the judge uses the probable cause legal standard. He or she must decide whether the prosecution (the government) has produced sufficient evidence in order to convince a jury that the defendant has committed a DUI crime.

What happens during a preliminary hearing?

During this proceeding, the judge will listen to the arguments given by both the prosecution and the defendant’s attorney. If the prosecution has a witness, they may call this witness to the stand to testify. They will also introduce evidence into court against the defendant. This could be a lab test result of your blood alcohol content or even police officers’ notes of your field sobriety test.

As the defendant, your attorney may cross-examine the witness on your behalf and call into question the evidence against you. Who performed the lab test results? Were they properly administered by a qualified medical professional? It is the job of your defense attorney to convince the judge that your case should be dismissed and there is no reason to proceed to trial.

In DUI cases, even if you entered a verdict of “not guilty” during your arraignment, you may not have to proceed to a preliminary hearing. For example, you and your attorney may agree that a plea bargain is the best outcome of your DUI case. And some states only conduct a preliminary hearing if you were charged with a felony – not likely for a first offense DUI with no aggravated charges.

Whether your DUI case has a preliminary hearing or not, it’s best to have a DUI attorney representing you.