How to Prep for Your DUI Preliminary Hearing in Phoenix, AZ

During a preliminary hearing, a judge will determine whether there’s adequate evidence to charge the defendant with a crime. Evidence is presented by the prosecutor to establish probable cause that the defendant committed a crime. During the hearing, a DUI defense attorney has the opportunity to cross-examine witnesses, challenge evidence and rebut allegations.

Most misdemeanors, including most DUIs, do not have preliminary hearings. However, if a DUI is aggravated and being charged as a felony, the defendant may need to attend a preliminary hearing.

Consult With an Attorney

If you’ve been charged with a DUI, it’s likely in your best interest to at least consult with a private practice attorney. This can be a good idea even if you end up relying on a public defender. Before calling an attorney, it’s useful to consider your options and review the relevant criteria.

Not every attorney practices criminal defense. Some attorneys who provide criminal defense representation also practice in other areas, meaning their expertise and experience is divided rather than concentrated.

There are many criminal defense attorneys in Phoenix who are not board-certified specialists. A lack of specializations does not guarantee those lawyers can’t provide a good defense or won’t achieve a positive outcome for your case, but they may not be equipped with the most thorough foundation of knowledge or familiarity with effective strategies and relevant precedent.

You may benefit from consulting with an attorney who is an Arizona board-certified specialist in criminal law or board-certified in DUI law. Phoenix criminal defense attorney Michael Alarid III is both an Arizona Board-Certified Specialist in Criminal Law and Board-Certified in DUI Defense through the National College for DUI Defense (NCDD).

Understand the Charges

There are many DUI variations in the state of Arizona. Most DUIs are misdemeanors, but the severity of consequences can vary significantly between a first-time DUI with a .08 BAC and a second or third extreme DUI with a .20 or higher BAC.

The penalties you face can be severe, especially if there are additional aggravating factors like if there was a minor under the age of 15 in your car when you were pulled over or if you were involved in an accident where people were injured or killed.

Knowing the charges and the potential consequences ahead of time can help you mentally prepare for the upcoming legal fight.

Gather Documentation and Evidence

There can be mitigating circumstances, like certain illnesses or prescribed medications that could explain your behavior at the time of your DUI arrest. Police reports might reveal law enforcement inconsistencies that can be exploited. Witnesses who were with you when you were arrested or saw the arrest take place might also have valuable testimony that can benefit your case.

An experienced DUI defense lawyer will independently investigate your situation and can explain the ways in which available evidence could influence the outcome of your DUI case.

Discuss Your Defense Options With Your Lawyer

Law enforcement might have failed to follow all proper procedures or handled evidence improperly, compromising the prosecutor’s case. There could have been mitigating circumstances or other factors that should inject reasonable doubt into deliberations. In some cases, prosecutors may be willing to offer plea deals, resulting in reduced sentences and less severe consequences.

Every case is different, and the strategy or approach that works best will depend on the facts of your case. The best way to learn about your defense options is to consult with an experienced DUI defense attorney in Phoenix.

Understand the Relevant Court Procedures

It’s important that defendants understand the procedures of the hearing, know what to expect and adhere to proper court etiquette. Defendants should dress appropriately, properly address the judge and comport themselves politely and deferentially in court.

The way you present yourself and act can color the judge’s perception, even if it’s only on a subconscious level. This can potentially be detrimental or beneficial depending on the circumstances.

Make Logistical Arrangements

You should arrive early enough to find parking. Assuming it will be crowded is a safe approach because there are no negative repercussions for having to wait a few minutes for the proceedings to begin. Know how to get to the appropriate room in the courthouse. Be sure to make any necessary life plans to accommodate your scheduling needs, like arranging childcare or requesting time off work in advance.

Prepare for the Potential Outcomes

Brace yourself for any eventualities, good or bad. Be sure to discuss potential outcomes with your defense attorney ahead of time. They may be able to tell you the results of previous hearings for cases similar to yours and explain the variables in your case that might influence the outcome.

You Don’t Have to Face DUI Charges Alone

If you or a loved one is being charged with a DUI in Phoenix, whether it’s a first offense or a felony DUI, board-certified DUI and criminal defense attorney Michael Alarid III is here to help. Call (602) 818-3110 for a free consultation.