Driving under the influence (DUI) is a significant charge with penalties for a conviction ranging from fines to jail time. Understanding what lies ahead after a DUI charge can help you prepare appropriately and manage your expectations. An experienced DUI attorney can make a major difference in the outcome of your case, but having legal counsel can also impact the entire process from start to finish. That’s because having someone on your side can decrease the amount of stress you feel as you navigate your DUI consequences.
The DUI Case Process
As with most other legal processes, the exact route your case will take cannot be predicted, nor is it likely to look exactly the same as anyone else’s case. The easiest way to get a better idea of what to expect is to speak with a lawyer who has extensive experience with DUI cases and has been involved in similar cases to yours. With that said, most proceedings will follow a standard framework.
If you are facing DUI charges, then you have already experienced the beginning stages of the traffic stop, sobriety investigation, and arrest. After those initial steps, you can expect some or all of the following:
A license suspension hearing with the Department of Motor Vehicles
An arraignment hearing
A criminal trial
Sentencing, if found guilty
Your DUI lawyer may be able to create a defense strategy that reduces your charge or minimizes the penalties you face.
At the Police Station After a DUI Arrest
Drivers charged with driving under the influence in California are most often taken to the police station or jail for a blood or breath test. If the police officer suspects the driver is under the influence of drugs, a urine test may also be required.
California’s legal blood alcohol concentration (BAC) is below 0.08%. Any test result higher than this will result in a charge under Vehicle Code 23152b. This law states that driving with a BAC of 0.08% or higher is illegal, even if your driving wasn’t impaired.
If you refuse to complete a blood or breath test to check your BAC, the officer can still arrest and charge you. In this scenario, you may also face additional charges or increased DUI penalties if found guilty.
DMV License Suspension Hearing
Your license will be suspended 30 days after your DUI arrest; this suspension does not wait until you are found guilty. The police officer should provide you with a temporary license that you can use until the 30 days are over, and your driver’s license will be provided to the Department of Motor Vehicles (DMV).
You need to request a DMV hearing within ten days of your arrest if you don’t want the suspension to go into effect automatically. At this hearing, you’ll be able to present evidence to convince the DMV not to suspend your license. If you are not successful at challenging the suspension, you could lose your license for up to three years.
DUI Court Hearings
Having a driver’s license is important so you can continue to drive to work, school, and to run errands in and around Santa Ana, but the result of this hearing does not impact your criminal court case. You will still need to attend court proceedings even if your license suspension was successfully challenged. There are three types of hearings that you may be required to attend – an arraignment, pretrial proceedings, and a jury trial.
An arraignment is the hearing at which you enter your plea of not guilty, guilty, or no contest. How you plead will determine what step comes next in the process. Pleading guilty will initiate the sentencing stage while pleading not guilty means that pretrial is the next step.
Throughout the pretrial process, your DUI attorney will investigate your case and gather evidence to support your defense approach. If your lawyer is able to collect substantial proof in your favor, they may file pretrial motions such as a motion to suppress evidence or a probable cause motion. Another option is to negotiate with the prosecuting attorney for a plea bargain.
Even though most California DUI matters are resolved prior to jury trials through plea bargains or dismissals, going to a hearing in front of a jury is still an option. This is a long process with multiple steps. Your attorney and the prosecutor must choose the jury members, make opening statements, present their cases, and make closing arguments before the verdict and sentencing.
DUI Defense Strategies
Once you are arraigned, your DUI attorney will begin the process of challenging your DUI charge. The goal is often to have the charges dismissed, but reducing the charges is also a favorable outcome in many DUI cases.
DUI defense attorneys often accomplish this by taking one of the following strategic approaches:
Proving the arresting officer had no probable cause to stop or arrest you
Showing the police made a mistake when administering the field sobriety test or BAC testing
Presenting evidence that you weren’t driving the vehicle or that you weren’t under the influence
Creating a solid defense is crucial because the consequences of a DUI conviction reach far beyond the initial sentencing. Criminal convictions can follow you for years or even a lifetime.
California DUI Penalties
The severity of your sentencing will depend on a variety of factors, including the circumstances of the arrest, if anyone was injured, and your criminal history.
First-time offenders will most likely be charged with a misdemeanor and face between three and five years of probation and up to $2,000 in fines. They may also be ordered to go to DUI school, install an ignition interlock device in their car, or spend up to six months in jail. These penalties are in addition to the driver’s license suspension.
Any previous DUI convictions will increase the penalties, as will other aggravating factors like:
A high BAC
Driving intoxicated with a child in the car
Speeding or reckless driving
Refusing to submit to a chemical test
Causing an accident or injuries
Contact a Santa Ana DUI Lawyer
A DUI will stay on your driving record for ten years, resulting in higher insurance premiums and less grace for traffic mistakes later on. DUI convictions remain on criminal histories forever unless expunged. This can affect almost every part of your life, which is why you shouldn’t gamble with your DUI case. Having an attorney improves your chances for a more favorable outcome.
If you have questions about your DUI case or need an experienced attorney to represent you, contact the Law Office of Sheny Gutierrez to schedule a consultation.