Tuesday, July 31, 2012

What Happens on the First Court Date in a DuPage DUI Case

The sizable majority of people who get arrested for DUI have never been to court for anything more than a routine traffic ticket. As a DuPage DUI Defense Attorney, I am frequently asked about what happens in court on the first DUI court date if one does not have a lawyer.

After being arrested for DUI most defendants "bond out" and receive a scheduled court date as part of their bail bond.  If you were driving on a public roadway or in "actual physical control of a vehicle" on public property, when you were arrested you also would typically receive a "Notice of Summary Suspension" or "Law Enforcement Sworn Report."

On the first court date for a DuPage DUI the court would basically address two issues.  One would be arraignment of the criminal charges against you.  This would be where the judge advises you of the nature of the charges against you and informs you of the range of possible penalties.  The judge will also inquire about whether you intend to hire an attorney.  If you need time to hire an attorney the judge will typically give you a continuance for that purpose.  However, the continuance would not delay the onset of the summary suspension.

If you've filed a petition to rescind the statutory summary suspension of your driver's license, the court will also ask if you are prepared to proceed to a hearing on that matter.

For a free consultation on DUI representation in DuPage call Wheaton DUI Attorney, Brent Christensen at 630-665-5965.

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