If you’ve been arrested for a DUI, there are several steps to the criminal court process — which may ultimately include a jury trial.
For most people, the thought of going to court is a terrifying idea —particularly if it involves a criminal charge. While being charged with a crime is a scary prospect, understanding what happens in court may help ease some of your anxiety.
A DUI case involves two separate proceedings: an administrative process with the DMV and a criminal court process. A DMV hearing is separate from the criminal case, and it must be requested within 10 days of your arrest. It is not required, but it is often helpful so that your Riverside DUI lawyer can get a preview of the prosecution’s case against you — and potentially prevent your license from being automatically suspended.
The criminal portion of your case is mandatory; it will proceed whether or not your request a hearing. It starts shortly after your arrest, at an arraignment. Most DUI cases are handled by negotiating deals with the prosecution. However, some cases do go to trial, where a judge or a jury will issue a verdict on your guilt or innocence. The case ends at this point, although if you are convicted, the case itself will remain open until you have completed the terms of your sentence (such as mandatory DUI classes, probation and payment of fines).
Arraignment
The first step of the process is the arraignment. This will occur shortly after you are arrested. During or before the arraignment, the prosecutor will typically make you an offer for a recommended sentence if you plead guilty. At this time, you make a plea to the charges: either guilty, not guilty or “no contest” (which means that you are neither admitting to the charges nor disputing them). If you plead guilty, you will be sentenced at this point — and the case will be closed, pending completion of the terms of your sentence
However, if you plead not guilty, the case will move forward. At this point, the prosecutor is required to provide you (or your Riverside DUI lawyer) with all of the information in her possession regarding your case. This is known as discovery. It may include the police report, the results of any chemical tests and information regarding the equipment used to take the chemical test.
Pre-Trial Phase
This next phase of the trial process often lasts the longest — anywhere from weeks to months, depending on the facts of your case, the court’s schedule and the attorneys’ schedules. Based on the discovery and any other information available, your attorney will analyze your case and determine whether there are any viable defenses. He or she will do this by investigating every aspect of your case, from interviewing witnesses to visiting the scene of the arrest to retaining expert witnesses.
Your Riverside DUI lawyer will then utilize the results of this investigation to attempt to have your charges reduced or dismissed. This can be accomplished in a number of ways, including through pre-trial motions. Your attorney could request a probable cause hearing to argue that the police’s stop of your vehicle was unlawful, or could ask for certain evidence to be suppressed. Based on the outcome of these motions, the prosecutor may offer you a highly favorable deal — or even dismiss the charges entirely. Your attorney will use his or her negotiation skills to attempt to reach the best possible plea bargain, which may include reducing the DUI charge to a wet or dry reckless, or even dismissing the case altogether.
If the negotiation and motion practice is not successful, the next (and final) step is to go to trial.
Trial
If you are unable to reach an agreement with the prosecution or to have the DUI charge dismissed, you will go to trial. A California DUI criminal case involves many phases, starting with jury selection, where each attorney has the chance to select a total of 12 jurors. After the jury is picked and each side presents its opening statement, the prosecution presents its evidence against you. This usually involves calling witnesses and introducing documents, such as the chemical test results. Your Riverside DUI lawyer will have the chance to cross examine (ask questions) of each of the prosecution’s witnesses. After the prosecution has presented its case, then it is your attorney’s turn to present its case. You do not have to introduce evidence; it is the prosecution’s job to prove the case against you beyond a reasonable doubt. However, in many situations, you may want to present evidence to defend against the DUI charges. Finally, after both sides have presented evidence, each attorney gives a closing statement. The jury then returns with a verdict. If it is a guilty verdict, the judge will sentence you. The case will be closed.
A DUI is a serious offense that requires the skill and experience of a top-notch Riverside DUI lawyer. If you’ve been arrested for a DUI, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. We offer free initial consultations to help you learn more about your options, including resolving the case before trial and aggressively litigating your case before a jury.
