So you got charged with a DUI. What now?
Typically in a criminal DUI case you have an Arraignment and then either a Pre-Trial or a Trial, depending on what Court you are in.
At your Arraignment, you can ask the Judge to give you a Public Defender if you fit under the financial category of being eligible for one. If not, and you ask nicely, a Judge will give you some time to go find a private DUI Attorney to attend your Arraignment and represent you. Ideally, before you even get to your Arraignment date, you will have sat down with and hired and Attorney.
While your criminal case is going on you will also have to deal with the fact that your license will be suspended by the DMV. This may not happen right away. Make sure that your address is up to date with Nevada's DMV so that if they send you any letters regarding suspending your license, you will receive them in a timely fashion. If your license does get suspended you can get a temporary license by requesting a DMV Hearing. This DMV Hearing will be held at which time the Hearing Officer will make a determination on whether or not you were actually guilty of Driving Under the Influence.
Essentially, all that needs to be proved in a DUI case is that:
- You had a BAC of .08 or higher; and
- You were operating a motor vehicle.
Within ten days of the DMV Hearing, the Officer will issue his/her findings at which time your license may be suspended. The suspension lasts for 90 (ninety) days and after 45 (forty-five) days you can request that a temporary license be issued to you so that you can drive to and from work or school.
Throughout this process it is always best to be represented by a reputable DUI Attorney.