The reason the answer is no is as follows: Each DUI typically is split into two separate parts that are resolved at the same time (usually). The first is called a statutory summary suspension. The second part is the criminal charge of DUI. The suspension is a civil proceeding wherein the motorist has the burden of proof. It is time sensitive as the suspension begins 46 days after the motorist is issued a Notice of Suspension. Therefore, it is normally the initial issue to be addressed during DUI representation. Various pleadings must be filed in order to preserve your right to contest the suspension. The grounds to be addressed must be stated in the petition. Additionally, a motion for discovery must be filed to prepare the defense to address the suspension. Body cam, dash cam, and incident reports are routinely requested. Sometimes the state only partially complies with the discovery motion. A lay person will not know if they have received all discovery to which they are entitled to receive. Next if there are any viable issues for rescission is the next question to be determined. If so, they must be discussed with the state. If that does not resolve the issue a hearing must be requested. If the suspension is not rescinded a MDDP (driving permit) must be applied for an obtained. A BAIID then must be installed in the motorist's vehicle. At the conclusion of a suspension a reinstatement fee must be paid.
The criminal charge of DUI is controlled by different rules. The state has the burden of proof beyond a reasonable doubt. There are too many issues to address in an article such as this for DUI defense. An attorney can make a decision is the case is best resolved with a plea or should be tried.
