What to Expect in a New Kent Drug DUI Case
The first thing a person should know about what to expect in their New Kent drug DUI case is it is going to be a lengthy process. With a DUID blood draw case, normally, the court takes 90 days before anyone can get the blood test back. Consequently, there is going to be a minimum of 90 days before a person can even receive a date in court most of the time.
It is going be time-consuming on a person’s part as well because they are going to have to be working constantly with their DUID attorney to follow up on the case to know what is going on. That person is going to learn a lot about the court process.
Initial Stop Process
When understanding what to expect in the step-by-step process of a DUID in New Kent, the first thing to take into consideration is the stop. With the stop, there comes the initial investigation, field sobriety test, breathalyzer, and then the arrest.
After the arrest is made, if it is determined by the officer that it is a DUID case, and there may be a blood draw. After the blood draw occurs, a couple of things can happen. If a person is let go with a summons, then, essentially, the officer is going to write a ticket for them that states the court date for the arraignment when they need to come back to court and they are going to let that person go. That person may have to sit in jail for a certain amount of time or in a holding cell until they are able to get a person fully processed. After they do that, they are going to write the person a summons and they can expect to be let them go.
Release
If they do not write them a summons and a warrant is issued, after they take out the warrant, they are going to subsequently go to the magistrate’s office. As a person goes to the magistrate, the magistrate is going to determine if that person is going to get some form of bond.
What that means is they are going to release the person until they have to go to court or they are going make them wait in jail for their court date. If the judge gives that person some form of secured bond, they will have to pay a certain amount of money to be released. If it is an unsecured bond or it is a personal recognizance bond, they do not have to pay any money to be released. If they are released, they will give them a date of when to return to court. They will require the help of an attorney in New Kent even more at this stage to prepare for court.
Investigation and Questioning
A person is going to become well versed in their case because of all the work that they are going to be doing with their attorney and because of all the work their attorney will be doing on their behalf to build a strong defense.
A lawyer is going be looking for every little thing that can be used to show the court that a person, even while they had taken a drug or been on some form of a prescription was not, in fact, intoxicated. Flushing out all of that information takes time, effort, focus, and knowledge on behalf of a person, but mainly on behalf of their attorney as well to protect their rights.
Arraignments
The next court date is going be something called an arraignment. At the arraignment, the judge is going to tell that person what they are charged with. In this case, it will be a DUI, so a class 1 misdemeanor.
They will let that person know the penalties of the class 1 misdemeanor. Assuming this is a first offense drug DUI, it is going to be up to 12 months in jail and a fine of $2,500. They are going to give the person an opportunity to see if they can hire an attorney and then they are going to tell the person to come back.
When they tell the person to come back, that person is coming back for the trial date. Whatever that next court date is will also be the trial date and, by then, that person should have contacted an attorney to discuss their case, work with the attorney, and learn what the process is, and what to expect to happen at the trial in their case in New Kent.
