Preparation is extremely helpful for overcoming the anxiety and uncertainty linked to driving while intoxicated/driving under the influence (DWI/DUI) court appearances, which can be formidable experiences. Understanding what takes place in the various phases of a trial and other court hearings makes the process more manageable for the person facing a DWI charge. Discover what DUI court preparation in NH entails, and learn how an experienced New Hampshire criminal law attorney may help motorists prepare for an upcoming court date; contact (603) 707-4800 to speak with a DUI lawyer in NH from Friedman & Bresaw, PLLC.
What Happens When You Get a DUI in New Hampshire?
The process of getting a DUI in New Hampshire begins with the police stopping a motorist for suspected driving impairment, arresting them, taking the motorist into custody to perform chemical tests, booking the driver, releasing them on bail until the start of court proceedings, and potentially a DMV hearing regarding an administrative license suspension. Below is an explanation of the different legal proceedings a motorist charged with DUI can expect.
DUI Arraignment
This is awkward. Most plead not guilty and is then scheduled for trial. If plead guilty without a lawyer can be sentenced up to the maximum by law.
According to the City of Lebanon, an arraignment refers to a defendant’s first court appearance, typically taking place in a lower court, and is where the individual submits a plea to the charges against them, alongside where the driver hears the potential sentence if convicted. If the motorist pleads not guilty, the court will then schedule a trial. If the motorist pleads guilty without an attorney, they can be sentenced up to the maximum amount allowed by law.
For felony/class A misdemeanor DUI offenses, the driver can apply to get a lawyer appointed by the court. Irrespective of the type of charge against them, the motorist may choose to hire a lawyer to defend them, which they might do due to their knowledge of the law, ability to develop effective strategies, and other reasons.
Preliminary Hearing
There is no preliminary hearing regarding these cases. However, if the motorist is charged with a felony, there would be a probable cause hearing scheduled.
DUI Trial
Following the preliminary hearing, and a judge permitting the case to proceed to the next step, the DUI case goes to trial, where the state prosecutor presents their opening arguments to the jury followed by the defendant’s attorney giving theirs. Then, the state prosecutor presents the same evidence given during the preliminary hearing, in addition to newly discovered evidence since that hearing, including testimonies from witnesses. The driver’s attorney may also offer evidence contradicting the prosecution’s evidence, which might include calling witnesses on behalf of the defense, and both the prosecutor and the defense attorney may cross-examine each side’s witnesses.
The trial ends with each side giving closing arguments, after which the jury deliberates before reaching a verdict. Before heading to trial, drivers may wish to make arrangements in case they receive a conviction. Depending on the severity of the DUI charge, including the existence of aggravating factors, the penalties include fines, license suspensions, alcohol treatment programs, possible jail time, and ignition interlock device (IID) installations.
What Happens if You Miss a Court Date in NH?
If a motorist facing DUI charges misses their court date, this can lead to severe consequences in New Hampshire, such as the court issuing a warrant for the driver’s arrest and the immediate loss of driving privileges. With this in mind, those charged with DWI may want to ensure they definitely know the time and date of the trial and make sure their legal team is aware of this information. Drivers who have misplaced their court paperwork or are unsure when the trial is can contact the court directly for clarification.
To find out more about what constitutes effective DUI court preparation in NH, consider contacting the New Hampshire criminal defense attorneys at Friedman & Bresaw, PLLC. Contact our firm today to organize a consultation with an experienced DUI lawyer in NH.
Conducting DUI Court Preparation in NH
The New Hampshire Judicial Branch offers some helpful guidance regarding what to do before attending court, which also applies to DUI cases. Here is a summary of this advice with some additional tips.
Plan Court Attendance
Alongside finding out when the court date is, individuals may wish to research the court’s location and directions. Regardless of the mode of transportation chosen, those attending court should account for the weather and traffic conditions that could delay their journey and head to court early enough to arrive on time.
Consider Participation
Before attending court, if the motorist has an attorney, they might think about discussing how they wish to participate in the legal proceedings and listening to what the lawyer advises. During this discussion, the driver may consider sharing as much information about the DUI offense against them as possible to obtain accurate guidance.
Only Bring the Required Items
Motorists may want to think about only bringing required items to court. While they can bring their cell phone with them, having it go off is likely to irritate a judge, so avoid bringing it if possible or ensure it is off at all times. Also worth noting is that the defendant may have to undergo a search of their personal items before entering court, so they might consider leaving any times found that are likely to embarrass them at home.
Make Arrangements for Dependents
If the defendant has young children, the recommended approach is to make arrangements for a friend, partner, spouse, or family member to look after them while they attend court (unless the court requires the children to be present due to them being a witness) because of a lack of a supervised waiting area. Similarly, the motorist might want to arrange for someone to look after their pets in their absence or take over their caring responsibilities if they have any.
Have Sufficient Food and Water Beforehand
Since the court does not permit beverages and food in hearings, the motorist should drink sufficient water and eat a nutritious meal beforehand. Avoiding alcohol is ideal since appearing in court under the influence of alcohol can lead to potential contempt of court proceedings (resulting in a jail sentence for the defendant) and the rescheduling of the hearing.
Dress Appropriately
Courts typically enforce a dress code, and even if they do not, it is in the interests of the motorist to come across as a professional and respectable member of society, which they can achieve through modest clothing. The driver may wish to avoid wearing excessive jewelry and any item that a judge is likely to ask them to remove, such as a hat or sunglasses.
Stay Organized
Staying organized can help a defendant’s attorney prepare themselves and their client for trial. To achieve this goal, make a note of any witnesses present at the time of the offense, safely store all documents linked to the arrest, and keep any photos/videos of the DUI incident, as well as declarations and court papers. Be sure to copy all documentation while keeping original records and make sure to have these on hand when meeting with the attorney and attending court.
Know the Arrest Details
Prior to attending court, be sure to thoroughly read the police report and raise any issues within it with an attorney. Noting down exactly what happened during an arrest for a DUI offense as quickly as possible can also be useful information for an attorney to know, helping them to formulate an effective defense before the trial.
Speak to an Experienced DUI Lawyer in NH To Help Prepare for Court
For many facing a DUI/DWI charge, it can be the first time they have entered a courtroom, but this is also where they can effectively defend the charges against them. Knowing what is likely to happen in court, whether this is during an arraignment, initial hearing, or trial, can avoid surprises and ensure drivers are as prepared as possible. If charged with a driving offense, learn about DUI court preparation in NH, including how a DUI lawyer in NH can help drivers get ready for court; call Friedman & Bresaw, PLLC at (603) 707-4800 to discuss your legal requirements with a knowledgeable New Hampshire criminal defense lawyer.
