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In many criminal cases, including DUI matters, the formal paperwork used to initiate prosecution can take different forms depending on the court system and procedural stage. One such document is called an “information.” Although the term sounds informal, an information is a legally significant charging document that plays a specific role in how DUI cases move forward. Understanding what an information is helps clarify how prosecutors formally accuse someone of a DUI offense and how that accusation is framed within the underlying legal structure governing criminal cases.
An information is not evidence and does not determine guilt. Instead, it is a written statement filed by the prosecution that sets out the charges being pursued and the legal basis for those charges. For many people encountering the term for the first time, it can be confusing to distinguish an information from other documents used earlier or later in the process. This confusion is common because different jurisdictions use different terminology and procedures, even though the underlying purpose is similar.
This article explains what an information means in the context of a DUI prosecution, how it differs from other charging documents, when it is used, what it typically contains, and how it can change over time. The goal is to clarify its function without drifting into penalties, defenses, or case outcomes, focusing strictly on its role as a formal legal document.
How an Information Differs From a Complaint
An information and a complaint are both charging documents, but they serve different roles and often appear at different stages of a DUI case. A complaint is usually the first document filed to initiate criminal proceedings. It is often based on a law enforcement officer’s sworn statement describing the alleged conduct and the reasons charges are believed to be justified.
An information, by contrast, is typically filed by a prosecuting authority rather than by a police officer. It represents a more formal and structured accusation that reflects the prosecutor’s decision to proceed with specific charges. While a complaint may rely heavily on summarized allegations, an information is drafted to meet formal legal standards required for prosecution in certain courts.
Another key distinction lies in timing. Complaints are commonly used to start a case quickly, such as immediately after an arrest. An information is often filed after an initial review, sometimes replacing the complaint once the case advances. In jurisdictions that use informations, the filing of this document signals that the prosecution has evaluated the case and is formally asserting charges under applicable law.
Although both documents accuse a person of a DUI offense, they are not interchangeable. Each serves a defined procedural function, and understanding the difference helps explain why multiple documents may appear in the same case file.
When an Information Is Used to Bring DUI Charges
An information is most often used in misdemeanor prosecutions and in felony cases that do not require a grand jury indictment. In DUI matters, this commonly means cases handled in trial-level courts where prosecutors are authorized to file charges directly. The decision to use an information depends on statutory rules and local court procedures, not on the severity of the alleged conduct alone.
In many DUI cases, the information is filed after an initial court appearance or preliminary step. By that point, the prosecutor has reviewed police reports, test results, and other materials to determine which charges are appropriate. Filing an information formalizes that decision and establishes the charges that the defendant must respond to going forward.
The use of an information does not imply that a case is stronger or weaker than one initiated differently. It simply reflects the procedural path the jurisdiction uses. Some systems rely heavily on complaints early and transition to informations later, while others may begin with an information once minimal legal requirements are satisfied.
What matters most is that the information becomes the operative charging document. From that point forward, court proceedings, motions, and hearings typically reference the information rather than the original complaint, making it central to how the case is structured.
What Details an Information Typically Contains
An information is designed to clearly state the charges and the legal basis for them. To do this, it usually includes specific identifying details about the defendant, such as name and basic identifying information, as well as the court in which the case is filed. This ensures the document is properly tied to the correct individual and jurisdiction.
Substantively, the information lists the alleged offenses, often broken down into counts. Each count corresponds to a specific statutory violation, such as driving under the influence of alcohol or operating a vehicle with a prohibited blood alcohol concentration. The document generally references the relevant statutes rather than describing evidence in detail.
The information also includes a concise statement of the alleged conduct that supports each charge. This description is typically brief and focused on meeting legal notice requirements, not on telling the full story of the incident. Its purpose is to inform the accused of what they are being charged with so they can prepare a response.
Because an information is a legal pleading, it must meet formal requirements regarding wording, signatures, and filing. These requirements are part of the formal charging process, ensuring that prosecutions proceed within established legal boundaries.
How an Information Can Be Amended Over Time
An information is not always static. In many cases, it can be amended as a DUI prosecution progresses. Amendments may occur if additional charges are added, existing charges are modified, or clerical errors need correction. The ability to amend is governed by procedural rules that balance efficiency with fairness.
Some amendments are minor, such as correcting dates or statutory citations. Others may be more substantive, such as adding an alternative charge based on the same alleged conduct. Whether and how an information can be amended often depends on the stage of the case and whether the changes would prejudice the defendant’s ability to respond.
Importantly, amendments do not mean the prosecution is restarting the case. Instead, they reflect adjustments within an ongoing process. Courts typically require that amended informations still provide clear notice of the charges so the accused understands what is being alleged.
Over time, the information serves as the evolving blueprint of the prosecution’s case. Its contents define the scope of the charges being pursued and frame the issues that will be addressed as the DUI matter moves forward under the way DUI cases are formally initiated and pursued.
Summary
An information is a formal charging document used in many DUI prosecutions to set out the specific offenses a prosecutor is pursuing. It differs from a complaint in both timing and authorship, reflecting a more formal assertion of charges after prosecutorial review. Informations are commonly used in misdemeanor DUI cases and in courts that do not require grand jury indictments.
The document typically includes identifying details, statutory charges, and a concise description of the alleged conduct. While it does not determine guilt, it plays a central role in defining the legal framework of the case. Over time, an information may be amended to reflect changes or corrections, as long as procedural rules are followed. Understanding this document helps clarify the process prosecutors use to formally file and adjust DUI charges, without addressing outcomes or defenses.