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DUI Arraignment – The Who, What and Why

Written by David O
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DUI Arraignment – The Who, What and Why

The word “arraignment” sounds intimidating and scary. However, after learning about the who, what, and why of a DUI arraignment, a person should have a better understanding of the arraignment process and feel more at ease.

The Who – Who goes to a DUI arraignment?

  • A person who has been charged with DUI, also called a criminal defendant, will be required to attend the arraignment.
  • The arraignment is held in a court of law in front of a judge.
  • It is likely that the city or state prosecutor will also be present.
  • If a private DUI attorney was hired before the arraignment date, the defendant can expect to have their attorney present.  If a private attorney was not hired than a public defender will be present.
  • Other people may also be in the courtroom during the DUI arraignment.

istock photo downloaded for DUI arraignment blogThe What – What is an arraignment?

  • An arraignment is a criminal defendant’s first formal court hearing.
  • The defendant will be formally told of their charges by the judge or prosecutor.
  • The defense attorney and judge will advise the defendant of their legal rights.

The Why – Why is an arraignment important?

  • During the arraignment the judge will ask how the defendant would like to plead to the DUI charge, guilty or not guilty?
  • The defendant will need to plead guilty or not guilty.
  • Next the judge will set conditions of release, which could include; being released on personal recognizance, bail being set, order to install an ignition interlock device, a prohibition against consuming alcohol or drugs (including marijuana), placement of an alcohol detection device on your person, and no driving if the defendant is uninsured or their license is invalid.
  • In most jurisdictions, the defendant can expect to receive a copy of their police report from the prosecutor if a defense attorney is present.
  • And lastly, the defendant can expect to receive their next DUI court date, which is called the pre-trial hearing.

 

The DUI defense attorneys at David O Defense are here to help navigate clients through all steps of the legal process, including the DUI arraignment. If you have been charged with DUI, call our defense lawyers today, 206-459-6392, to schedule a free legal consultation.

 

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Stay Safe and Avoid a Holiday DUI

Written by David O
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Stay Safe and Avoid a Holiday DUI

The holidays are great; twinkling lights, exchanging gifts, wonderful food, spending time with friends and family, and perhaps some warm fuzzy holiday cocktails. If your merriment will involve some alcohol infused beverages make sure to be responsible to keep yourself safe and everyone else safe. Being a responsible drinker is also the best way to avoid being busted with a holiday DUI charge.

Holiday Party / Avoid Holiday DUI

Stay Safe and Avoid a Holiday DUI

  • Of course the simplest way to stay safe while driving and avoid getting a DUI (driving under the influence) charge is NOT to drink any alcohol and abstain from drugs.
  • If you know you will be drinking with someone or a group of people, choose a designated sober driver ahead of time.  A designated driver is someone who does not consume any alcohol or drugs throughout the day.  Often times people will take turns being the designated driver.
  • If you don’t have a designated sober driver and you plan to drink, take advantage of all the great public transportation options; taxi, bus, party bus, Uber, Rideshare, etc.
  • If you’ve only had a few drinks and feel fine, it is best NOT to drive.  DUI patrols are increased during the holiday.  If you happened to be pulled over by law enforcement and they believe you are under the influence, they could still charge you with DUI even if you are under the legal limit of a BAC of 0.08.
  • If you see a friend or family member under the influence of alcohol or drugs and wants to drive, try to get their car keys and suggest an alternative way for them to get home safely. See our blog, “How You can Prevent a DUI – Tips on getting the Car Keys” for helpful hints.

 

Staying safe and avoiding a holiday DUI charge isn’t difficult.  It just requires planning ahead and making good decisions. Make sure to drink responsibly and keep everyone safe!

Happy Holidays from the staff and DUI attorneys of David O Defense.

 

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Austin Seferian-Jenkins Talked Too Much and Scored a DUI

Written by David O
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Austin Seferian-Jenkins Talked Too Much and Scored a DUI

It just never pays to talk too much to the police, especially when they suspect you’ve been DUI, Driving Under the Influence of alcohol.  Nobody knows this better than pro NFL player, Austin Seferian-Jenkins, who could have slipped away from police with just a written warning for speeding.  Instead of using the right to remain silent, ASJ chose to chit-chat with officers which lead to a DUI charge.

It was about a month ago when former University of Washington Husky and now New York Jets tight end, Austin Seferian-Jenkins was pulled over by Florida Highway Patrol.  According to police reports, ASJ was allegedly speeding 75-80 mph in a 55 mph zone.  During the questioning, officers discovered that they had pulled over a pro athlete and this may be the reason they were going to let him go with just a written warning, even though they could smell alcohol on this breath.  However, Seferian-Jenkins couldn’t keep quiet.

ASJ continued to make small talk with the officers.  He talked about passing the DUI field sobriety tests, he apologized to the officers  for wasting their time, he spoke about his catches on the football field and recent touchdowns, he continued telling the officers how he wanted to go to his quarterback’s house for a meeting and how he wanted to go home after and watch American Horror Story.

The officers could hear Seferian-Jenkins slurring his words and observed odd behavior. All the babble gave the Highway Patrol time to check his driver’s license which revealed ASJ was required to have an ignition interlock device in his car from a previous DUI charge back in Washington State.  This was enough for officers to arrest and charge ASJ for drunk driving.

Quiet Please Pop Art Woman, Austin Seferian-Jenkins DUI blogWhile on his way to the station, the 6’6″, 262 pound NFL player kept saying he needed to take a, “huge sh*t,” right away.   The officer quickly replied not in his new patrol car.  ASJ laughed and said he wouldn’t but the officer better hurry and get to the station.

Here at David O Defense, our DUI defense attorneys always recommend very minimal talking with police officers.  Talking does not improve a person’s situation, it only makes it worse.  A person will not talk their way out of a DUI charge, they will only talk their way into a DUI charge, just as ASJ did!

SHHHH!  Don’t talk to cops!

 

 

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