DUI Misdemeanor Process
Misdemeanor DUI cases are usually handled in justice courts or municipal courts. Just in Maricopa County there are over 30 different courts that have jurisdiction over misdemeanor DUIs. While the courts generally all follow the same procedures, the names of the hearing and the rules may vary from court to court. Typically the following hearings apply to misdemeanor DUI cases:
Arraignment
Usually the very first hearing in a misdemeanor DUI case is the arraignment. The purpose of the arraignment is to advise the defendant of the charges, allow the defendant to enter a plea (guilty or not guilty) and set release conditions.
If Richelsoph Law Office is retained prior to the arraignment, as your DUI defense attorney, we can file a notice with the court waiving the arraignment. If the arraignment is waived, a not guilty plea is entered for you without you having to go to the court. The next court date is mailed to us as your DUI defense attorney.
Pre-Trial
The purpose of the pre-trial conference is for the DUI defense attorney to meet with the prosecutor and discuss the details of the case, and then advise the court as to the status of the case. Many courts do not require you to appear at the pre-trial conferences if you have hired a DUI defense attorney. In a DUI case, there can be as many as three pre-trial conferences before the case is set to trial.
Richelsoph Law Office conducts a complete independent investigation of the case and will use the pre-trial conferences as a way to demand disclosure of items that the prosecutor has not properly turned over.
Oral Arguments and Evidentiary Hearings
If there is an issue of law that must be decided by the judge, oftentimes a hearing will be set for the judge to hear oral arguments by the attorneys regarding the issue. This is an opportunity for the judge to ask the attorneys questions regarding their legal positions. It is also an opportunity for the judge to hear the testimony of witnesses which may be necessary to resolve the legal issue in question.
Pre-Trial Management Conference
If the parties are unable to negotiate a resolution of the case, then it is set for a trial. Many, but not all courts set a pre-trial management conference approximately a week prior to the trial date. At this time, the DUI defense attorney and the prosecutor can discuss any last minute issues with the judge.
Trial
In Arizona, a person accused of misdemeanor DUI is entitled to a trial by a jury of six people. During a jury trial, the judge makes decisions regarding legal questions, while the jury makes decisions regarding factual issues. It is the jury's responsibility to decide whether the prosecutor has proven guilt beyond a reasonable doubt.
A misdemeanor DUI trial can often be completed in one to two days. The jury's decision, whether guilty or not guilty, must be unanimous. If the jury is unable to reach a unanimous decision, then the judge will declare a mistrial. If the judge declares a mistrial, the case will be reset for a new trial.
Sentencing
If a person accused of DUI is found guilty by a jury, or if there is a negotiated resolution involving a plea of guilty, a sentencing hearing will be held. The sentencing hearing is often done the same day as the finding of guilt. Sentencing is an opportunity for both defense and prosecution to present to the judge what they believe to be an appropriate penalty. The judge will then make a ruling and issue a sentencing order.
