A typical DUI case has multiple steps
In California, driving under the influence (DUI) is considered a serious crime. While these types of cases may seem relatively straightforward, they are often quite complex, with both an administrative (Department of Motor Vehicles) and criminal aspect, and multiple regulations governing the process. If you have been arrested on suspicion of driving under the influence, you may be stressed or overwhelmed but what is to come. Understanding what will happen — and when — can ease some of this strain.
Generally, DUI cases begin when a police officer stops a person’s car because they believe that they are driving under the influence. This may happen at a DUI checkpoint, or because the officer has a reasonable suspicion that the person is driving under the influence. This suspicion may arise from observing a person leaving a bar after drinking heavily, or by seeing a person drive erratically, or if they receive information from a tipster.
During the stop, the officer will attempt to obtain probable cause to make the arrest for a DUI. This may come from signs of intoxication, like slurred speech or bloodshot eyes, or from a failed roadside breathalyzer test or field sobriety tests. Note that you are not required to take a roadside breathalyzer test, unless you are under the age of 21 or currently on DUI probation. You are never required to take a field sobriety test.
After an arrest, the driver will be required to take a chemical breath or blood test. Unlike the roadside test, the post-arrest chemical test is required. If you refuse it, you will face additional consequences. The driver will then be held in jail until they are sober, and then released with a court date. The officer will typically also confiscate the driver’s license and give him or her a notice that they can request a DMV hearing within 10 days regarding the suspension of their driver’s license.
If the prosecutor decides to charge the driver with a DUI, then the criminal charge will be filed. The court will schedule an arraignment, where the driver will hear the charges against them, be advised of their rights and enter a plea. After the arraignment, there may be pretrial hearings regarding the case. During this time, a DUI defense attorney Rancho Cucamonga, CA will typically negotiate with the prosecutor to attempt to negotiate a dismissal or reduction of the charge.
If no deal is achieved, then the case will proceed to trial. The burden is on the prosecutor to prove to the jury that the driver violated California law regarding driving under the influence of alcohol or drugs. If the jury finds the driver not guilty, the case is over. If the jury finds the driver guilty, he or she will be sentenced by the judge. The penalties for a DUI will depend on a number of factors, including whether it is a first-time or greater DUI offense.
If you have been charged with a DUI, you will need an experienced DUI defense attorney Rancho Cucamonga, CA to represent you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
