Criminal case time line – DUI case
1. Arrest
SEE JUDGE AT JAIL “ARRAIGNMENT”
“Arraignment” is going before the judge, being informed of the charges brought, and having a bond set, if the offense is “bondable.” In Maine, you must be arraigned within 48 hours of arrest, if you can’t make bail,
OR
BOND OUT PRIOR TO SEEING JUDGE
A DUI case involves “administrative” action on your driver’s license, (action taken by the Department of Motor Vehicles) and action by the “criminal” system, i.e.: the County Court. Although these legal entities and their actions are separate, the actions they take overlap in the area of driver’s license suspension only. The outcome of the BMV hearing has NO effect the court process at all.
2. COURT SYSTEM ACTION
Counsel retained, files “Waiver of Arraignment” and “Notice of Discovery.” Once these are filed, the accused does not attend the arraignment or the docket call (if arranged in advance with the court through counsel).
3. ADMINISTRATIVE ACTION
Within 10 days of notice of suspension, a “request for formal hearing” must be filed with the department of motor vehicles or the accused loses the right to contest the suspension of his/her driver’s license.
If no formal hearing is requested, the “hard suspension” begins. Suspensions: 90 days on a first offense and the accused blew over a .08%, 275 days on a first offense DUI where the accused refused to submit to a breath test. On a first offense DUI, you may be eligible for a work restricted license if you are suspended administratively by the BMV. However, if you refused, you are not eligible for a work restricted license. You are eligible for a conditional reinstatement once you’ve completed DEEP, paid your reinstatement fees and served 2/3rds of your suspension.
After the request for hearing is filed with the BMV, and assuming it was filed within the 10 day window, the BMV will schedule your case for hearing and place a “stay” on the suspension. That means if you took a breath test, your suspension doesn’t go into effect until your hearing is held. A hearing is usually held within about 45 days from the time the BMV receives the request for hearing.
4. COURT SYSTEM ACTION
ARRAIGNMENT
For those who bonded out prior to seeing the judge at the jail.
Same proceeding as at the jail, but as a “walk-in.” Usually approximately 30 days after arrest.
5. ADMINISTRATIVE ACTION
BMV FORMAL HEARING
Held approximately 30-45 days after arrest. Our clients do not have to attend if they so choose. Ruling may be announced at hearing, or BMV may “reserve” (ie: “think about it”) for up to 10 days after hearing.
If we find a technical defect in the procedure used by the police or their paperwork, the suspension is “rescinded” and our client can continue driving. If the client later pleads guilty or is found guilty of DUI, the court imposes a suspension (90 days, 3 years, etc.), which must run concurrently with any time spent under a BMV suspension. That means you get credit for any time served on suspension with the BMV. Conversely, if the suspension was rescinded by the BMV and you lose the criminal case, no time is credited towards a court suspension. Finally, if you are convicted of DUI and you were suspended for an DUI refusal, the suspensions will run back to back, or “consecutively”.
6. COURT SYSTEM ACTION
DEFENSE COUNSEL HAS ACCESS TO “DISCOVERY MATERIALS”
No later than 10 days from the arraignment date.
“Discovery materials” are the video tape, if one was made, the police reports, and witness statements (if any) as well as any calibration records available from the Intoxilyzer machine.
7. OFFICE APPOINTMENT FOR CLIENT TO COME IN TO REVIEW DISCOVERY AND VIDEO
(Out of town clients done by phone, having mailed video and paperwork in advance.)
8. RESOLUTION OF CASE
Cases are resolved by plea or by trial, after full consideration of all the evidence, options, penalties, and potential ramifications. The decision belongs to the client, although counsel will make a recommendation.
