Is your loved one arrested for DUI? What do you need to know about the legal process?

DUI is a major concern and one of the major problems apart from the issue of public safety is that it is difficult for courts to handle so many cases efficiently, which end up clogging the judicial system.

Automated cars are over a decade away from making an impact on this DUI situation. USAttorneys.com has already made its impact and it will continue to do so.

Until cars can drive themselves effectively, which is about 5 years away, this problem will persist. And for most people to have an autonomous car, we are looking at another 12 years or more before DUI numbers begin to decline according to some people.

This is precisely why many states allocate a whole section of the criminal court system with special court procedures so as to facilitate the quick and effective handling of DUI cases. This allows the judicial system to accept a large number of DUI cases and wrap them up quickly, according to Hernando, MS DUI lawyers and these types of professionals can be found right here @ DUI-USAttorneys.com.

Being pulled over, arrested, and charged with a DUI involves certain procedures, which is why it is always prudent to seek legal counsel as early as possible. 

Arrest Procedure

An arrest is essentially where it all begins in terms of DUI court procedures. The arrest is technically when a law enforcement officer detains a person on suspicion of a DUI. For the most part, the arrest means that the suspect is no longer free to move about on his or her own will.

DeSoto County, MS DUI attorneys reiterate that there are several aspects to a lawful arrest. One of the first things that need to be considered is that the stop should be constitutional. A person can only be pulled over and checked for sobriety if there is some reasonable cause.

Now if you have seen the movie The Peacemaker with George Clooney (Lt. Col. Thomas Devoe) you see people at the end being searched without a warrant. Now their cars were not being searched, in this case it was their backpacks. This was against their will and sometimes some force had to be implemented. Now this was an extreme situation – the government rightly suspected that someone was carrying a nuclear weapon in their backpack and they were right.

If you drink and drive, a DUI lawyer in Hernando, Mississippi will be someone you will need on your side for sure. This is just a fact of life.  

Now you do not have to worry about this, hopefully not at least. The police need probably cause to pull you over when you are driving.

Therefore, an officer cannot simply stop anyone without good reason to do so, which is known as probable cause. Things that would qualify as probable cause include the inability to maintain a traffic lane, running a red light, vehicle missing a light, expired registration plate, radio too loud, and causing an accident, to name a few.

DeSoto County DUI lawyers say that the constitution allows anyone stopped to actually refuse sobriety tests at a DUI stop. The police cannot search you without your consent or your warrant. However, in states like Mississippi where the implied consent law is in effect, it would be prudent not to refuse sobriety tests since refusal could lead to automatic suspension of your driver’s license for one year. 

Other Court Procedures after a DUI Arrest

After the arrest comes booking and bail procedures which is then followed by the arraignment where the suspect can either plead guilty, not guilty, or no contest.

Preliminary hearing – This is basically a hearing where the judge determines whether or not the prosecution has sufficient evidence to go forward with the case.

Trial – This is the pivotal part of the case according to Hernando, MS DUI lawyers, where the ruling is based on how things unfold in the DUI trial. This is where evidence is presented to support claims and the defendant is allowed to counter these claims.

Appeals – This is a last ditch effort where a convicted defendant can appeal to a higher court to overturn the ruling.

If you believe you could be arrested or charged with a DUI, make sure to seek help from a DUI lawyer in Hernando, Mississippi. This is the best way to protect your rights and get the best possible outcome.