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The prosecuting agency may have police reports and any videos of the arrest. The prosecutors will tender those items to your attorney as discovery. The court will set a future date for a pre-trial conference. At these pre-trial conferences, the prosecutor and your attorney will discuss various aspects of your DUI, such as legal issues, offers and counter-offers. The pre-trial conferences can continue for several weeks to over one year. Attorneys typically use the pre-trial conferences to lengthen the time from arrest to any potential trial. It is usually in your interest to delay the case.

Your attorney may also file various pre-trial motions depending upon the facts of the case. Your attorney may move to suppress various pieces of evidence in that it violated the constitution. Motions may be filed to have evidence preserved. Your attorney may file bond motions to have you released from custody. Your attorney will file discovery motions requiring the state to disclose any incriminating and exculpating evidence.

Time is typically a defendant’s friend. However, at a certain point, the Judge will want the case to be resolved, either through a plea, dismissal or a trial.