DUI Defense Lawyer
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Most DUI cases end with the officers releasing you a few hours after the arrest and booking you. For certain cases (including but not limited to felony arrests and arrests involving accidents), you may be required to post bail.
Upon your release, you are provided with a summons to appear in court and a pink temporary license. At this point, your California driver’s license is usually confiscated and mailed to the Department of Motor Vehicles (“DMV”).
the dmv
After your DUI arrest, you must contact the DMV within 10 days of your arrest to request that you be granted a hearing. If you do not do so within the prescribed time, you will lose your right to a hearing. This automatically means that your license will be suspended for 30 days.
Those who retain California attorneys may have requested hearings on their behalf. This, in most cases, is the best route for you, for the simple fact that your attorney understands the intricacies of the DMV process and can schedule the hearing as far away as possible. Doing so gives you the time you need to prepare.
The DMV Hearing
In most cases, your DUI attorney will conduct the DUI hearing on your behalf. Depending on the situation, you may or may not be asked to attend.
The goal, for you and your attorney, is to convince the DMV not to suspend your license. Not only that, but also have your lawyer use the DMV hearing to gather as much information as possible to use during your defense in court.
For example, your lawyer may subpoena the maintenance and calibration records of the breathalyzer that was used in your case. This reveals any history of inaccuracies and malfunctions, information that will be extremely helpful when the case goes to court.
If you choose to hire us, we can also subpoena the arresting police officer to testify at the DMV hearing. This helps to gain insight into improper DUI training and mistakes that were made during the course of the investigation.
Conclusion of the DMV process
At the end of the DMV hearing, the officer in charge considers the matter. He or she then produces written results, and the decision is mailed to you within 30 days.
If you are found not to be at fault, your license will not be suspended (note that if you are later convicted of a DUI in court, your license may be suspended separately).
If the DMV officer determines that you were at fault, your license suspension takes effect a few days after you receive the notice.
Note
DMV hearings are only held for alcohol arrests. They are intended to determine if you were driving with a BAC that is .08 or higher. For underage DUI, any degree is considered positive.
For those who are arrested for DUI on drug charges, no DMV hearings are held. However, if a court finds you guilty of drug related offenses, you will get an automatic suspension on your driver’s license.
What to do if your license is suspended
Once your driver’s license has been suspended, it is usually possible for you to obtain a restricted license. This gives you the ability to drive to work, court, or any other imposed program.
If you work with us, it may be possible for us to immediately negotiate a restricted license on your behalf. However, it is important that you continue the suspension for as long as it is in effect.
Doing otherwise will be the same as breaking the law, and could land you in jail and a stricter license suspension.
What happens in criminal court?
There are two charges that are generally used for people who have a BAC of more than .08 upon arrest. The first is DUI, which falls under Vehicle Code 223152(a), while the second is DUI, which falls under Vehicle Code 23152(b). The goal, as far as your case is concerned, is to make sure that you are not convicted of either case.
Who Attends DUI Court Proceedings?
Penal Code 977 states if someone has been charged with a misdemeanor and if the person retains a private attorney, that attorney may attend all hearings on behalf of the client. That means the client does not need to attend (unless specifically requested by a judge). This Penal Code protection would apply to a misdemeanor DUI charge.
If you have retained a California DUI attorney, he or she will generally attend all court sessions on your behalf. This is the case unless there is a session where you really need to be present, so that you can give your testimony. You will also be required to attend if the case ends up going to trial.
Court hearing dates
DUI cases are generally not concluded in a single hearing. In fact, a large number of cases involve numerous court dates. They can also span several months.
This extended time period gives your DUI attorney the opportunity to gather evidence and negotiate with the judge or prosecutor to have your case dismissed or charges reduced.
In a criminal case, the prosecutor produces what is known as a “discovery.” This is the evidence that the prosecutor will try to use against you. This includes, but is not limited to, arrest and other police reports provided during the course of the case. We will sit down and review the discovery with you and identify potential defenses, from the legality of the original arrest to the way certain evidence was administered.
As a client, you always make the decision about how to move forward with your case. If you decide to settle the matter and you agree that you are guilty, we will begin the process of negotiating with the prosecutor to obtain the best possible result. This may involve negotiating certain sentencing guidelines. For example, we were recently able to negotiate a favorable outcome for a client, a small business owner whose grade was approximately three times the legal limit, where the prosecutor and judge agreed to modify our client’s requirement of having to comply with the mandatory 10 days of Public work service to an established schedule of volunteer service.
If no settlement is reached, the next step is for the jury to enter your case for trial.
We have experience with trials and while most issues are resolved before trial, we will request that your case be prosecuted if after reviewing all the evidence you so desire.
Contact us for help.
DUI convictions can have devastating consequences. In most cases, the negative effects that result from a DUI conviction can be long-term. You may, for example, end up getting a permanent criminal record depending on your conviction. Also, your driving record will be affected as well. We will work with you to put you in the best possible position to handle your case.