DUI Trial from Out of State

Reader’s Question:

A friend was just visiting us here and had a lot of fun one night that he was caught drunk driving. It can be considered a good thing that it wasn’t a felony charge. Does he need to go back here once his DUI trial starts?

Fatima

Catalina Foothills, AZ

Your friend could be considered lucky enough to avoid a felony DUI arrest, which means that he is facing a misdemeanor DUI charge when was caught drunk driving in Catalina Foothills, Arizona. If there is an upside thing in his situation, it is that he may never need to come back to Arizona to appear in court as long as he has a lawyer representing him.

Since it is a misdemeanor DUI charge, so long as the case does not ultimately end up in trial, a lawyer can appear on his behalf, conduct pre-trial hearings and also negotiate with the prosecution without him being there. If a deal has been reached, the lawyer can arrange a telephonic change of plea hearing (TCOP). His lawyer will forward him the plea paperwork once a TCOP is arranged. The paperwork includes the terms of the agreement (which will be his sentence), as well as a fingerprint form which he needs to take to a local law enforcement agency to have completed. He also needs to find a local jail that is willing to accept him for the expected number of days according to the plea agreement. In case his home state does not accept out of state jail commitments, he needs to make arrangements to come back to Arizona to serve.