Arrests by law enforcement usually cause panic. It will even be more overwhelming if you are a first-time arrestee. The situation is no different for persons apprehended for driving under the influence (DUI). However, you can deal with the arrest better when you understand the DUI court process, from arrest, arraignment, and DMV hearings to the jury trial. Discussed below is the court process for DUI offenses.
Sobriety Checkpoints and Traffic Stops
The court process for drinking and driving cases begins with traffic stops or a sobriety checkpoint. Typically, the process starts when an officer observes you violating traffic rules and pulls you over. The police stop you when you run a red light, weave lanes, speed, or operate a car with a defect. These driving patterns are objective intoxication signs. Other intoxication symptoms include having red-shot eyes, slurred speech, and an alcohol odor.
Alternatively, police conduct sobriety checkpoints, where they screen motorists for alcohol or drugs. The stops at these DUI checkpoints must comply with the law; otherwise, the arrest will be termed illegal, and all evidence gathered will be dismissed.
DUI Investigation
After the stopping officer notices symptoms of intoxication, they begin an investigation for drunk or drugged driving. Typically, the officer asks you to exit your car to conduct field sobriety tests (FSTs). As the name suggests, these tests are done on the field. Several FSTs exist, and the officer should not perform all of them. Also, they do not need to inform you of your right to decline the tests.
First, the officer can ask you to blow a preliminary alcohol screening device to detect illegal alcohol weight in your bloodstream. The PAS and FSTs are not mandatory, but you should not expect the officer to inform you. Contact your DUI attorney if the officer tells you the test is compulsory. These tests are not as accurate or reliable as the traffic officer conducting them will want you to believe. They just help them establish probable cause for a DUI arrest. The test results are not necessary for probable cause because once the police observe intoxication symptoms, they will arrest you. However, they help the officers gather evidence sufficient to file formal DUI charges.
DUI Arrest
If you perform poorly in the FSTs or the PAS results show your BAC is above the designated limit, the stopping officer will have probable cause for an arrest. Usually, arrests happen after violating Vehicle Code (VC) 23152(a).
The arrest cannot happen in the absence of probable cause or when the officer does not reasonably believe you were operating a vehicle while drunk or drugged. Once the police officer has probable cause, they will handcuff you and take you to the nearest hospital, police station, or jail for chemical testing. The tests can be conducted on your blood, urine, or breath sample and help determine the alcohol levels in your system.
The law requires that you agree to chemical testing after arrest. Nevertheless, the police should not conduct the test forcefully. Still, you will face harsher penalties at the Department of Motor Vehicles (DMV) hearing or court proceedings for refusal to submit to chemical testing. Refusal to take the BAC tests will automatically withdraw your driving privileges for at least twelve months.
When you opt for a breath test, the administering officer will give you instructions for taking the test. You will blow the breathalyzer twice, and the results will be immediate.
If you go for the blood test, the police officer will draw a sample of your blood following the procedures laid down, and then it will be submitted to a government lab for testing. The results for these tests take several weeks before they are out.
After the samples for testing are taken, you will be booked in jail or issued a citation requiring you to appear in court at an arranged date.
The police handling your case will prepare a report on the DUI incident and present it to the prosecutor, who will evaluate the evidence and decide if it is sufficient to file formal charges. If the evidence is insufficient, the prosecutor will return the file for further investigation and will not prefer formal charges against you. However, when the evidence in the police report is compelling, you risk charges. The charges you will likely face after arrest are prescribed under VC 23152(a) and VC 23152(b).
Hiring Legal Counsel
After arrest, your next move should be to hire an experienced DUI attorney. When it comes to legal counsel, you have three options, but the best is to retain the services of a private attorney.
Partnering with a public defender appointed by the court is one of your options. Unfortunately, these individuals handle many cases simultaneously and have limited resources to examine your case. Also, they will not represent you in the DMV hearing, reducing your chances of retaining your driving privileges.
Another challenge with public defenders is that the court appoints one for you, so you have no say in the party assigned your case, even when you do not prefer them.
Even if you lack the funds to hire a private attorney, the court can decline to appoint a public defender for you if you have a particular income or own assets. Under the circumstances, you will represent yourself in court or employ private legal counsel.
Drunk or drugged driving cases are complex, and representing yourself is a big mistake unless you understand court processes and have knowledge of DUI statutes. Chances for a favorable outcome when self-representing are minimal, so it is best to consolidate funds and hire an affordable private attorney for legal representation and guidance.
A private legal counsel will prioritize your allegations and have sufficient time to interview you and the witnesses to craft solid evidence to defeat the charges. Also, these individuals partner with private investigators who can conduct independent investigations on your charge and find new evidence to help your case. Besides, they know police officers who have had several complaints of misconduct. If one of these officers was handling your case, the attorney could impeach the credibility of their testimony, leading to a fair outcome.
A private legal representative will also appear for your DMV proceeding, increasing the likelihood of retaining your license. Also, they can use the hearing to gather evidence for your court case.
However, as much as private attorneys are instrumental in your case, hiring one is not easy. Some attorneys charge the lowest prices in the market and attract many clients. Their workload is, therefore, high, and will not give your case the attention it deserves. You need an attorney with a few cases to request the DMV proceeding within the provided ten-day window.
Again, attorneys with the lowest rates lack the skills, education, and resources to handle your case, reducing the chances of a favorable outcome. Nevertheless, this does not mean expensive attorneys are the best. Evaluate many quotes from different attorneys and pick those offering quality services at reasonable prices.
Also, find an attorney with knowledge of DUI statutes and who has previously handled several cases like yours. It would help if you also considered the attorney's success rate in these cases. You should expect the same for your case if it is high.
DMV Proceeding
After an arrest for drinking and driving, the police will notify you of the suspension of your driving privileges and confiscate your physical license. They will issue you a pink form, your temporary permit, valid for 30 days. The confiscated license is sent to the DMV, which automatically suspends your license after thirty days, except if you request a DMV proceeding within thirty days.
The law requires you to request the proceeding within ten days; otherwise, you will relinquish your rights. The proceeding can happen over the phone or live. It is best to go for the live proceedings so that your private attorney can interrogate the arresting officer without the prosecutor. The attorney will also cross-examine witnesses to contradict the officer's testimony.
You will retain your driver's license if the administrative proceeding favors you. However, when the DMV officer's decision is against you, you will lose your driving privileges for four to thirty-six months, contingent on your previous DUIs and whether you refused to take the chemical tests.
The Arraignment Proceeding
Your first official court appearance after arrest is the arraignment hearing. Here, you enter an initial plea to the DUI allegations. You can plead guilty, not guilty or no contest. If you confess to the allegations, the case will proceed to sentencing. However, when you enter a not-guilty plea, you will obtain a complaint, and the court will schedule a pretrial proceeding.
Pretrial Motions and Hearing
The most prolonged phase of the court process is pretrial proceedings, lasting for weeks or months. In this stage, your attorney thoroughly investigates the facts of the case, including visiting the arrest scene and evaluating the equipment used to conduct chemical tests. Your private legal counsel will also meet the prosecutor to exchange evidence; this is when a motion to suppress pops up.
The motion arises if, after investigations and cross-examining witnesses, your attorney discovers that the traffic stop or arrest was unlawful. Also, if the equipment for chemical testing was not properly calibrated or maintained, the results are likely to be inaccurate, forming a basis for a motion to suppress. If the judge grants the petition, the case will be dropped.
Your legal counsel can also bring a Pitchess motion during this phase to discredit the testimony of an investigating officer if they have many complaints against them for misconduct.
Additionally, at this stage, your attorney negotiates with the prosecutor for a favorable plea deal. Based on the evidence against you, the attorney can compel the prosecutor to charge you with a lesser violation, like dry or wet reckless.
If the court does not grant your motions and no plea agreement is reached, the case proceeds to the next stage, the trial.
Jury Trial
Most drinking and driving cases do not reach the trial stage. They are settled before trial through pretrial motions and plea deals. Your case only goes before a twelve-member jury if no settlement is reached.
The trial begins with the selection of jury members. Then, the opposing sides are accorded the chance to make opening statements. After that, the prosecutor is allowed to present their case and cross-examine witnesses. Once the prosecutor makes their case, your lawyer can argue against the prosecutor's evidence and cross-examine witnesses to obtain an acquittal.
Once all parties have presented their evidence and arguments, they make closing statements. The jury then deliberates on the evidence presented to issue a verdict. The court schedules a sentencing date if the jury finds you guilty beyond moral certainty.
Going to trial has benefits and disadvantages contingent on your case's facts. Discuss the DUI case with your attorney and let them advise you on whether you should negotiate a settlement or proceed to trial.
After Trial
Your attorney will ensure they schedule a DMV proceeding on time. Also, they will file all motions in the pretrial stage to have the case dismissed. If the case proceeds to trial, they will aggressively contest the charges for a favorable outcome. However, if the court's decision after trial is against you and you are found guilty, you will face the following penalties:
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36 to 60 months of informal probation for a misdemeanor DUI
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At least three months of DUI school
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Court fines ranging from $1,500 to $2,000
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At least six months of driver's license suspension
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Installation of an ignition interlock device
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At most, six months of jail incarceration
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Indirect consequences like increased auto insurance premiums and stricter penalties for subsequent DUIs
Find Competent DUI Legal Counsel Near Me
Understanding the court processes after a DUI arrest helps prevent the panic associated with arrests and increases the likelihood of a favorable verdict. It would be best if you acted fast to prevent a guilty verdict or for lenient penalties. At Jonathan Franklin DUI Attorney, we will explain all the court processes and represent you in court to avoid a conviction. Contact us at323-464-6700to evaluate your case free of charge in Los Angeles, CA.
