Arrested for DUI, what's next?

Each year in Nashville only about fifteen people charged with DUI actually have their case decided at trial. Two thirds of Nashville’s DUI cases are settled within a few months. The remaining one third proceed to criminal court and may take up to a year to be resolved. Ninety eight percent of those charged with DUI in Nashville in a four year study of DUI arrests pled guilty to something.

First Appearance in General Sessions Court
If you’ve made bond, or received a citation, your first court appearance will usually be scheduled within a month of your arrest or booking. Retaining an experienced attorney fully prepared to represent you prior to this date is a wise decision. The first court appearance is often referred to as the Settlement Docket. It is also at times called the Appearance or Arraignment Docket.

The first court date is set in the Birch Building in the afternoon, at 1:00 p.m. Often 50 to 100 defendants are set on the docket at this time. The Assistant District Attorney has the task of sorting through all of these cases, settling as many as possible, and assigning the remaining cases to the appropriate trial dockets. A few DUI cases are usually settled on this date. Most DUI cases proceed to a second date in General Sessions court.

Second Appearance in General Sessions Court
The majority of DUI cases are set for a second appearance on a special docket just for DUI offenders. Set on Tuesday morning, either at 8:30 a.m. or 9:00 a.m., this date is where most DUI cases are resolved. This date is commonly referred to as the Trial Docket. It would be more correctly called the Preliminary Hearing Docket. Nashville’s DUI cases are not presently tried in General Sessions Courts, even though technically they could be. It’s my understanding the District Attorney’s office is not willing to have DUI trials at this level. Cases set on this date usually either settle, or they are bound over to the Grand Jury.

On the Preliminary Hearing court date, the State’s witnesses are present to testify against the defendant. On this day there usually are several preliminary hearings. The defendant rarely ever testifies at a preliminary hearing. In most case the State calls the arresting officer and asks a series of questions that establishes the basis for continuing the prosecution at the next level.

In a preliminary hearing the prosecutor and the defense attorney question the arresting officer as to facts concerning the arrest and charges. The Judge determines whether there is sufficient probable cause to continue the prosecution by sending the case to the Grand Jury. Probable cause is a rather low standard, and very few DUI cases are won at this point. That is not to say that what happens at the preliminary hearing may not be important as to how your case is ultimately resolved. An experienced attorney can lay the groundwork for an eventual acquittal or dismissal by getting the arresting officer to acknowledge he did not follow proper procedures or obtain accurate evidence.

In some cases the Defense Attorney may decide to waive the preliminary hearing and send the case to the Grand Jury without having a hearing. A case may also go directly to Criminal Court without going before the Grand Jury on what is called an information. This would usually occur in a felony case which can not be disposed of in General Sessions Court.

Grand Jury

Of the 16,835 DUI cases passing through Nashville’s court system in a four year study, 2,254 made it to criminal court. Cases where Defendants were facing a DUI 1st were bound over to the Grand Jury less than 10% of the time. Those facing DUI 2nds bound their case over almost 25% of the time. Over 50% of those facing prosecution for DUI 3rd or higher found themselves in Criminal Court.

Bound over cases are heard by the Grand Jury several months after being sent from General Sessions Court. The Grand Jury is made up of twelve citizens. Their purpose is to determine if there is probable cause to prosecute the case in Criminal Court. They hear testimony from the arresting officer and generally follow the lead of the District Attorney’s office. The defendant and his/her counsel are not present at this stage. It is rare that the Grand Jury does not send the case to Criminal Court by finding what is called a “true bill.”

Arraignment

After the case is sent to Criminal Court an indictment is prepared, and the person responsible for the Bond is contacted. In most cases the defendant is contacted by the Bonding Company to be in court on Wednesday morning for arraignment.

Currently those charged with DUI offenses have their cases set in one of six Criminal courts, Divisions I through VI. These courts are located in the Birch Building.

In criminal court the first stage is known as Arraignment. This is simply a formality where the court provides the defendant with the charges and the schedule for the proceedings. This also begins what is called the discovery phase of the case. At this time the Defense Attorney requests and the State must provide the State’s evidence which is intended to be used at the trial. Unfortunately, it is not until this stage it is realized that for some there is little chance for success at trial. For some, the discovery may reveal the information necessary to convince the State to reduce or dismiss the charges or provide the basis for successful motion to suppress the state’s most damaging evidence.

Discovery, Motion and Settlement

Following receipt of the discovery, the Defense Attorney files any motions which may need to be considered prior to the trial. These motions often deal with very important issues which, if decided in favor of the Defendant, can lead to a successful trial or possibly even dismissal prior to trial. Most motions deal with having evidence excluded through a Motion to Suppress Evidence. If successful, the State may not be allowed to use incriminating statements made by the defendant, or the results of a breath or blood test may be excluded at the trial. Most of the strength of the State’s case usually depends upon chemical tests or incriminating statements made by the defendant.

About thirty days after arraignment, the case is usually set on the docket for the first settlement discussion. In most cases there are at least two settlement discussion settings before a trial date is selected. Once it is determined that settlement is not possible the case is set for trial.

The Trial

A jury trial begins with what is referred to as “voir dire.” Citizens are questioned by the attorneys and Judge to determine if they might be biased. After the jury is chosen, the State’s attorney makes an opening statement. Following an opening statement by the defense attorney, the trial begins.

The State presents its case first. The State the burden of proving its case beyond a reasonable doubt. This is a much higher standard than probable cause. In most cases, it’s the arresting officer that presents most of the evidence. In most of Nashville’s DUI trials, the bulk of the evidence is presented by one of the specially-trained DUI officers. This evidence usually consists of the results of any chemical tests as well as the officers observations.

It is the defense attorney’s job at this point to cross examine the State’s witness and try to get testimony which would tend to show that the defendant was not impaired at the time of arrest. If a chemical test was involved, expert witnesses are called to question the validity of the tests. There are many different directions that cases can take, but most defenses ultimately come around to raising questions concerning the officers judgment that the defendant was impaired or to attempting to prove that the test was not properly administered or accurate.

A jury of your peers hears the evidence, has the law explained to them by the Judge and renders its decision. In order to be found guilty the decision must be unanimous. If unable to reach a verdict of either guilty or not guilty, the jury is hung and then the State can choose to have another trial, make a deal or dismiss the case.

If found guilty, the Judge, not the jury, determines the penalty. The sentence must by law be at least the minimum as mandated by the legislature.

The Punishment

For a DUI 1st, this consists of 24 hours in jail (except for those registering .20 or higher who must serve 7 days), loss of driving privileges for a year with the possibility of obtaining a restricted license, 11 months and 29 days of probation, a $350 fine and satisfactory completion of a alcohol safety school with treatment if deemed necessary. Effective January 1, 2006 those convicted of DUI 1st offense must perform 24 hours of public service work picking up garbage on the roadside while wearing a vest which reads I am a convicted DUI offender.

For those convicted of a DUI 2nd, the law requires service of 45 days in jail, loss of license for two years with no opportunity to receive a restricted license until the second year, 11 months and 29 days of probation, a $600 fine and satisfactory completion of the alcohol safety school with treatment if deemed necessary - which is likely.

A conviction for DUI 3rd carries a mandatory 120 days in jail, loss of license for three years with no opportunity to receive a restricted license, 11 months and 29 days of probation, an $1100.00 fine and satisfactory completion of the alcohol safety school with treatment if deemed necessary, which is almost a sure bet.

A conviction for DUI 4th or higher is a class “E” felony and carries from 1 to 6 years with at least 150 days in the penitentiary, a fine of $3000 up to $15,000, and loss of license for 5 years - not to mention the felony conviction and its consequences on your citizenship rights.