What To Expect After A DWI Arrest

In the state of New Jersey, a DUI/DWI is a very serious offense which can lead to mandatory fines, surcharges, license suspension, and jail time. The court shows no leniency when suspending the license of someone charged with a DWI/DUI.The necessity to drive to work in order to earn a living will not be considered by the courts. This is why it is critical to enlist the help of a New Jersey DUI/DWI lawyer.

After you have been arrested and charged with DWI in New Jersey, a series of steps will soon follow.The very first thing you should do immediately after being arrested and released is to consult an experienced defense attorney.This is the first step in successfully fighting your case for the best outcome and working to have the charged dismissed.Do not assume that you should plead guilty if you have taken and failed a breathalyzer.There are still many opportunities to defend your case.

Step One: The Preliminary Hearing

If you have hired a defense attorney, your attorney will attend the preliminary hearing on your behalf.At the hearing, the district justice will be presented with information to determine if there is enough evidence to proceed with your case. This is a good opportunity for your lawyer to hear how much evidence is against you so he or she can start preparing a defense.

Step Two: The Arraignment

If you do not hire a defense attorney, you will have to appear in the courts to answer the complaint filed against you, this is called the arraignment.At this appearance, you will be informed of the charges against you and of your rights as mandated by the law.You will then enter your please of guilty or not guilty.

If you hire an attorney to represent you, your dui lawyer can have the arraignment adjourned by sending a letter to the Court stating that you are being represented by a lawyer who has informed you of your rights.Your lawyer will enter a plea of “NOT GUILTY” on your behalf.

Step Two: Discovery

This is where the State in which you were charged submits all evidence they have against you to your attorney (if you have chosen to seek legal counsel).Your attorney will examine all of the evidence to open flaws in the state’s case against you.Possible flaws in the case could be: lack of reasonable suspicion for the traffic stop, lack of probable cause, problems with the breathalyzer operator, or malfunctions of the breathalyzer machine.

Stage Three: Trial

If a plea agreement cannot be reached, a trial will be scheduled in the municipal court of the municipality you were charged in. At this point, you need to have developed a good relationship with a defense attorney.Trials can be lengthy and confusing.The state will enter testimony from the arresting officers and other experts on the subject. It will be critical to counter that evidence with testimonial from other experts or witnesses who will testify on your behalf.

If found guilty, the municipal court judge then sentences the defendant according to the guidelines in New Jersey for DWI and DUI offenses.Your lawyer will work with the courts to present information that could give you the lightest sentence possible.

If you would like to speak with one of our lawyers about the circumstances surrounding your DWI arrest, please call toll free 877-450-8301 to arrange a free consultation with a lawyer.