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1. The DUI Arraignment An Arraignment is the first court date if you are charged with Driving Under the Influence of Drugs or Alcohol. At the arraignment a Judge will tell you what your charges are and will then ask you what you want to do with your case. You can continue your case for entry of plea, enter a plea of Not Guilty, or your can plead guilty or no contest without knowing anything about the evidence against you. If you are in Adult Court and charged with a Misdemeanor DUI, you must appear on the Arraignment Date unless you Hire a Lawyer and then in most cases your lawyer can go to all court appearances for you for and you will likely never have to go to court. If you are charged with a Felony DUI, you must appear at the Arraignment and you should probably do so with an Attorney. In either case, you have the right to get and examine all of the evidence that the State of California, usually through the District Attorney's office, intends to use against you. There are usually many court dates in any Misdemeanor DUI case including Pretrials and Motions, and then either a resolution of the case or Trial. 2. Pretrials and Motions Pretrial court dates, court appearances before a trial begins, are meant to facilitate the exchange of evidence and to foster negotiations in each DUI case. Pretrial Motions can include Suppression Motions (if evidence or statements were illegally obtained by law enforcement); Motions to Dismiss for lack of speedy prosecution or destruction of evidence, and hearings on the admissibility of scientific test results of blood, breath, or urine samples. 3. Preliminary Hearing - Felony DUI If you are charged with a Felony DUI in California, and you plead Not Guilty, you have the Right to a Preliminary Examination of the evidence. A Judge will conduct a hearing where the State Prosecutor, usually the District Attorney's office, has to prove to the Judge that you could have committed the crime. The evidence against you will usually consist of officer testimony under oath and on the record, and an officer reporting scientific analysis of your breath, blood, or urine. If anyone was injured in your Felony DUI there will likely be evidence of the injuries introduced, and the District Attorney will also have to prove the basis for any alleged priors. If after the Preliminary Hearing the Judge believes that you could have committed the crime, your case will continue on to Trial or an acceptable resolution. If you are charged with a Felony for Driving Under the Influence of Alcohol or Drugs, and you intend to fight your DUI, the Felony Preliminary Examination is almost always essential for proper trial preparation. 4. DUI Jury Trials There are many possible defenses to Driving Under the Influence of Alcohol depending upon the specific facts of each case. For example, you may be able to fight the reason why you were stopped or arrested in the first place; you may have been arrested even though you weren't drunk when you were driving; and there are often flaws in conclusions drawn by law enforcement, and inherent inaccuracy in the equipment and methods used to test your breath, blood, or urine. If you do not want to plead guilty or no contest then you are entitled to a trial and you can either have a court trial (where a Judge decides if you're guilty - that's usually a bad idea), or a Jury Trial where twelve people from the community hear and see the evidence and witnesses in your case and then decide whether you broke the law. 5. DUI Court Probation In all Misdemeanor DUI cases the Judge can lock you up in jail for the maximum time allowed if he or she wants to. Most Judges, however, will put you on Probation and that essentially means that you don't do all of the possible jail time and instead the Judge gives you a period of time, usually three or five years, to follow certain terms imposed by the court. Terms of DUI Probation can include obeying all laws, spending some time in jail, paying fines and fees, attending an alcohol treatment program at your expense, staying out of bars, and not drinking any alcohol. Court probation, also called Summary or Informal Probation, means that the Judge is going to make sure that you complete the terms of your DUI Probation, and if you don't, the Judge can give you some or all of the remaining jail time. Negotiating the terms and conditions of your DUI Probation is an essential part of any proposed plea agreement. 6. DUI Felony Probation If you are convicted of a Felony DUI, the Judge can send you straight to State Prison. When you get out of prison you will have a set of rules to follow, and you will be supervised by a Parole Officer. If the Judge decides not send you to prison for your Felony DUI, you will most likley be placed on Felony Probation and that means that you will have a Probation Officer you report to, and that officer gets paid to make sure you follow the terms of your Probation. He or she can search your person, your vehicle, or your house, and can demand a sample of your blood or urine to determine whether you are using alcohol or any drugs. If you violate any terms of your Felony DUI Probation, the Judge can either give you additional time in jail and keep you on probation, or terminate probation and send you to State Prison. 7. Warrants If you or your lawyer does not go to Court to face the Judge when you are charged with Driving Under the Influence of Alcohol or Drugs, or if you are accused of violating the terms of your probation, the Judge will issue a warrant for your arrest. If you are caught by law enforcement when you have a warrant, they will probably arrest you and you will usually wait in jail until the Judge can see you. You will then have to decide what to do with your case. If you miss a court date or find out that a warrant has issued for your arrest, Hire a Lawyer to file a Motion to Recall the Warrant so you can walk in to court with your lawyer to deal with it. Dealing with a warrant before law enforcement catches you can have a significant impact on how much time you spend in jail. Call me today and schedule a free consultation to discuss your DUI Case and Court Procedure. |
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The Law Office of
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| CAUTION! IF YOU OR YOUR LAWYER DOES NOT CALL THE DEPARTMENT OF MOTOR VEHICLES WITHIN 10 DAYS OF YOUR ARREST FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, DMV WILL SUSPEND YOUR DRIVER'S LICENSE |
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SOLICITATION FOR DUI ATTORNEY SERVICES |