DUI arrests are among some of the most serious charges in terms of driving violations. The justice system takes these charges seriously. If you or a loved one has been arrested for a DUI, you may be wondering what the process will be. Who files the charges? What happens next? Here’s your guide to a DUI arrest.
Who Files Charges?
Following a DUI arrest, a person us booked and issued a citation to appear before a judge. Following, he or she is released. The court date that you are given has everything to do with the court’s calendar. This does not mean that the charges have been filed. The district attorney files the charges against the person who committed the DUI. Sometimes, it can take up to a year for those charges to be formally filed. If you aren’t charged right away, the prosecutor’s office may have backlog or the prosecutor may still be investigating your charge.
It is always the district attorney that prosecutes and files these charges. If you were arrested for a DUI, then you can count on charges being filed. DUIs are taken very seriously by the court system and you can’t expect that it’s forgotten about. In fact, many people get in trouble for believing that the system forgot about their case.
What Happens Once Filed?
Once charges are filed, if it’s past the original court date, you will receive a new court date. If your court date passes with no formal charges, you do not have to appear in before the judge on the date issued by the station. The judge needs the formal charges to proceed with the case. Once filed, you will receive a notice that you need to appear before a judge. If you do not appear on that date, there may be a bench warrant issued for your arrest.
Keep in mind that this can happen even if you move homes in the time that it takes for the prosecutor to file charges. It’s crucial that you have a forwarding address and keep up with the case. If you fail to see the notice, you still have to go to your court date.
If you’re facing a DUI, you need to remember that these are serious charges. Not only should you have a lawyer willing to work with you on a case, but the lawyer will help you make sure that you don’t miss your court date for any reason. If you’re facing DUI charges, speak to a DUI attorney in DC today!
Thanks to The Lawfirm of Frederick J. Brynn, P.C. for their insight into criminal defense and DUI arrests.