OWI Court Process. An arrest for OWI sets in motion a legal process that passes through various processes. After the initial traffic stop, investigation and arrest, your case will be booked and begin its journey through the judicial system. The length of time it takes to fully resolve a specific OWI case will depend on its details.
An OWI case will begin with an initial court appearance known as an arraignment. The idea of the arraignment is to determine what measures are required to both assure your appearance at future court hearings and also to protect the community while your case is pending. At the arraignment, the defendant will also enter his or her plea and the bond conditions will be set.
The term discovery describes the diverse methods utilized by a lawyer to learn all of the facts about a particular case that are known to the police and prosecutor. Some of them include the narrative report prepared by the officer that arrested you, any videotapes that may be present, and any maintenance records kept by the state about any chemical test that may have been taken during your arrest.
A pretrial is basically a scheduling conference, and your presence will typically be needed. The purpose of a pretrial is to allow the prosecutor and the defense attorney to discuss what needs to be done to prepare the case for trial, or to determine if the case can be resolved without a trial.
Motions are the various written legal arguments that your attorney may make to either dismiss or considerably decrease your pending OWI charges. They are used to address statutory and constitutional violations.
An OWI trial takes place soon after the pretrial motions are complete. Although most cases are resolved before this event, your case may go before a jury. If you are found not guilty, all charges will be dismissed. However, if the prosecution proves you committed the offense in question, you will be sentenced shortly after your trial.
OWI Case Length
Most OWI cases take between 4 – 6 months to fully resolve; however, every case is distinctive, and the details of your particular case will determine how long it takes to reach resolution.
It’s important to hire an experienced attorney to guide you through the OWI court process. Being charged and convicted of an OWI and going through the OWI court process can be a demanding event. If you find yourself faced with that reality, seek the counsel of the experienced, qualified and time-tested lawyers at Mullen Schlough & Associates S.C. They have a proven track record of winning difficult OWI cases.