Most Rochester area residents arrested for drinking and driving have no familiarity with the criminal justice system and little knowledge of the steps involved in prosecuting their case.

Unfortunately, each case is unique, and there is no absolute formula that will be followed in all drinking and driving cases.

The information below, however, sets forth the typical sequence of events for a misdemeanor DWI case in criminal court.

Shortly after being arrested, the defendant will be arraigned in a local criminal court.

The arraignment is where the defendant is formally charged by the judge and issues such as whether bail is necessary will be addressed.

In most DWI cases, the court will also suspend the driving privileges of the defendant pending the outcome of the case.

Drivers who refused to take a breath test will have this issue referred to the DMV, where it will be handled in a proceeding separate from the criminal court proceeding.

In many DWI cases, there will then be one or more pre-trial hearings in court prior to any trial being conducted.

These pre-trial hearings typically involve issues such as whether a defendant is complying with court directives, the status of any plea negotiations, or disputes between the prosecution and defense regarding, for example, the admissibility of various pieces of evidence at trial.

If the case cannot be resolved by a plea, it will then go to trial.If the defendant is acquitted at trial, the case is done.

If the defendant is convicted of one or more charges, he or she must return to court at a later date to be sentenced.

A DWI defendant who is convicted at trial may then wish to appeal the conviction or sentence to a higher court.

If you have been arrested for drinking and driving, you should consult with an experienced DWI lawyer regarding how your case will proceed, call us at 585-484-7432.