A DUI case is prosecuted pursuant to C.G.S. §14-227a, which states that it is illegal to drive while under the influence of drugs or alcohol. Some cases go to trial, and some do not. After a DUI arrest, the defendant will be given a summons and given a date to appear in court for their DUI case.
Media, television shows, and movies often mislead people to believe that each court case goes to a trial where a judge or jury hears the evidence, testimony, and arguments before a criminal case is resolved. However, it is very rare that a criminal case goes to trial and rarely do DUI cases ever make it into a courtroom trial. Instead, most DUI cases are resolved in the pretrial stage.
The Beginning of Your Case
The first few court dates for a DUI case usually revolve around the state’s attorney and the defendant’s attorney having discussions about the case and explaining evidence or arguments that each side has or does not have. The two sides will usually discuss the case in private, rather than in court and in front of the judge.
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Oftentimes, prosecutors are not trying to carry out cases until the bitter end or offer nothing so that the case will inevitably go to trial. Rather, prosecutors will try and make an offer that the defendant will accept instead of taking the case to trial because the prosecutors want to see the defendant face consequences but do not wish to exhaust every resource possible for every single case.
Cases rarely go to trial, and when a DUI case goes to trial, it is usually only because the defense attorney and the prosecutor cannot come to any agreement or there are serious issues in the case that are disagreed upon. The prosecutor will offer the defendant a deal that will incentive them to forgo going to trial, and the prosecutor can resolve the case with efficiency.
Alternatives to Trial
For first DUI offenders, the prosecutor will often offer a deal to the defendant that involves completing a pretrial diversionary program along with other requirements, if eligible, in exchange for an eventual dismissal of the case upon completion. If the defendant does get this offer and meets the eligibility, one requirement is accepting the offer and forgoing the opportunity to argue the case in trial.
DUI cases are extremely complex and require a certain amount of familiarity with pretrial discussions and negotiations with prosecutors. To speak with an attorney who understands the seriousness of a DUI case and will advocate for your rights throughout the process, call Lady DUI today.