What is the process when you are charged with DUI in Rhode Island? 

First Court date: the Arraignment.

• At the arraignment, you are formally advised of the charges against you, the judge decides whether to set a bail or to release you on your promise to reappear in court, called personal recognizance and the case is set down for a further pretrial date. Most DUI defendants are released on their promise to reappear in court and are not required to post any bail. If you have defaulted on prior court cases or have a bad record, bail could be an issue in your case.

Next Court date after the arraignment: Pretrial.

• The purpose of the pretrial is to ensure that the prosecutor has provided the defendant with all discovery. Discovery in a RHODE ISLAND DUI case involves obtaining all police reports, obtaining any booking video and or video at the police station as well as obtaining the training materials of the arresting officers in conducting the field sobriety tests. Following the pretrial conference, the case is set down for trial if the defendant does not wish to resolve the case through a plea agreement.

If a case is not resolved at a pretrial, the next step is a trial:

• In Rhode Island, a DUI trial is initially before a judge who decides whether the State can prove the case beyond a reasonable doubt. Any motions are done on the day of trial before the same judge who will hear the trial.

What happens if you are found guilty before a district court judge of DUI?

• You have the right to appeal to the superior court for a trial de novo if you are found guilty in the district court. In other words, you are entitled to a new trial before a jury or judge of the superior court.
• In the Rhode Island district court, you cannot receive a jury trial; accordingly, if you want to elect a jury trial, you can either transfer the case immediately to the superior court or receive a bench trial in district court and then appeal to the superior court to a trial de novo should you be convicted.

Contact Rhode Island DUI/DWI Lawyer

If you have been arrested on DUI or DWI charges, please contact Rhode Island DUI/DWI  defense lawyer Michael DelSignore for a free initial consultation at (401) 465-1611. Attorney Michael DelSignore is 100% devoted to protecting your rights, preserving your freedom, and helping you avoid a DUI criminal conviction.