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Dale City DUI Drug Trial Process

There are key pieces of information that someone who has been charged with driving under the influence of drugs should know about when considering the DUI trial process. It is crucial that someone who is facing a drug-related DUI charge in Dale City contacts an experienced DUI attorney that has a background in trying similar cases.

An attorney will be able to explain the many moving pieces that accompany being charged as well as the elements of a Dale City drug DUI trial process.

Key Elements

The elements of this process, which an individual should be aware of including the following:

  • There will be multiple court dates; a drug-related DUI court process will typically involve 2-8 court dates if not more.
  • In certain instances, a drug test will be administered by a toxicologist and analyzed by a crime lab.  Separate toxicologists will be needed to testify as to how the blood was drawn and what the results mean.
  • There may be a significant out-of-pocket expense that is required to solidify experts that are able to testify. This is an important element in a drug-related DUI case because these types of cases are considered to be an uncharted area of law right now.

While each of the three elements of the Dale City drug-related DUI court process is important, understanding the necessity of the final element is vital. It is quite expensive, but an expert will make all the difference in an individual’s case because they will have the knowledge needed to explain:

  • The intended use and background of a particular drug.
  • Certain reactions that may occur as a result of using a particular drug.
  • Certain indicators that an individual has used a particular drug.

The Arraignment

In Dale City, after an individual receives their charge and starts the drug DUI trial process, they will be given what is known as an “advisement” or an “arraignment”. These two terms are used to describe the process in which a judge reads the charges against the person who has charged. A judge will also ask that person whether or not he or she has an attorney or if they would like to fight their charge with a court-appointed attorney.

Because the prosecution will be seeking jail time in this type of case, an individual who must undergo the court process to fight drug DUI charges will be eligible for a court-appointed attorney. The judge will set the date for the charged individuals trial or for a returning or review date if they do not have an attorney yet but wish to seek one out independently.

Evidence Discovery

Again, it is very important that someone who is facing a drug-related DUI contacts a knowledgeable attorney that practices law in Dale City and is familiar with their drug laws. Once they are involved an attorney will immediately begin to gather information regarding the case, which is also known as “discovery”.

A charged individual’s attorney will also be looking for any motions that they could do, i.e. motions to suppress evidence. Motions would need to be filed prior/leading up to the initial court date. At the time of a person’s court date, the attorney will have received all this discovery and will be ready to proceed.

There are instances where an individual and their attorney will make the decision to go forward or make a deal based on what they do know on that first court date. That is not usually the case. Usually, the case gets continued at least once, and then a trial will happen on the second court date.

Contacting An Attorney

If a person is in police custody they can contact an attorney as soon as they are given access to a phone or as soon as he or she is released. If he or she does not have access to a phone, that probably will not happen until after a person is:

  • Processed
  • Given their bond motion.
  • Ready to be released.

Sometimes, a person does not actually get a phone call. If that person is going to be released on his or her own recognizance, a person might have to call an attorney as soon as he or she is released rather than while they are in police custody.

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