If you’ve been arrested for an impaired driving offense, you’re probably worried about the consequences of a conviction. On top of the stress caused by your situation, you’re also likely confused about the court process and what to expect after being arrested for a DUI.
Fortunately, a Los Angeles DUI lawyer can guide you through the court process and help you fight to get your charges dropped. No matter how serious your charges are, you can count on an experienced attorney to provide the counsel you need to move past this challenging time.
What To Expect From the Court Process After Being Arrested for a DUI
In California, almost all DUIs are misdemeanor offenses, and they follow the same court process as any other misdemeanor. The information below will apply to any California DUI unless it is a felony charge. The three main stages of a misdemeanor DUI case are:
Although the majority of DUI cases don’t go to trial, it can be helpful to familiarize yourself with the process in the event that you have to go to court. Let’s take a closer look at the DUI court process and what you should expect after being arrested for a DUI.
The Arraignment
An arraignment is a short hearing with the judge during which you enter your plea of guilty, not guilty, or no contest. The court will also read the full charges against you, but if you have a lawyer, your lawyer will typically ask to waive this to save time. You will also be read your rights, including the right to a lawyer and the right not to incriminate yourself.
In some cases, the arraignment will also determine bail. Bail is the money you leave with the court to ensure you will show up for your trial. It’s only required if you would otherwise be held in custody until the trial date. Since this is uncommon in DUI cases, bail is not usually an issue at the arraignment.
However, if this is a repeat DUI offense, or if there were guns or narcotics involved in your DUI, you may be required to post bail. You should have your lawyer negotiate this matter for you.
Importance of Hiring an Attorney Before Your Arraignment
It’s important to note that you should already have a DUI lawyer before you come to your arraignment. In addition to giving you proper counsel, having a lawyer means you do not have to appear in person at the arraignment. Your attorney can appear for you instead.
Assuming you are entering a plea of not guilty and intend to fight the DUI charge, your attorney will also request discovery documents from the prosecutor. These documents disclose the evidence against you and allow you to start building your case. Once your lawyer has obtained discovery documents, the judge will set a date for your pre-trial conference.
The Pre-trial Conference
Your pre-trial conference will likely be a few weeks after the arraignment. Before the conference, your lawyer will file motions or requests to the court that may help your case. Examples of the most common pretrial motions include:
- Motion to dismiss the case, usually for lack of evidence
- Motion to suppress evidence that has been contaminated or obtained illegally
- Discovery motion to get evidence the prosecution won’t turn over
- Motion to split a blood or urine sample to perform an independent test
- A Pitchess motion to reveal misconduct by an officer
These motions could help you win your case or stop it from going to trial. They could result in the introduction or removal of key evidence that strengthens your defense. On the day of the pre-trial conference, the prosecutor may offer you a plea deal. This is an arrangement where you agree to plead guilty to a reduced sentence or a lesser crime.
The most common plea bargains for DUI are:
- A DUI with probation and no jail time
- A non-DUI Wet reckless charge
Other Types of Plea Bargains You Could Receive During the DUI Court Process
More generous plea bargains are less common but do happen. The best plea deals tend to be offered in first-time DUI cases. If you have prior DUIs, a plea is often designed to simply reduce jail time. In these circumstances, it may be better to go to trial and try to win your case entirely. Your lawyer will advise you as to whether you have a strong chance of winning in court or not.
In some cases, your DUI charge will be dismissed at the pre-trial conference. This is usually due to one of the following two circumstances:
- There was something clearly illegal about the traffic stop or arrest
- Your lawyer has successfully suppressed the prosecution’s most important evidence, and there is not enough evidence left to take you to trial
Most DUI cases are resolved at the pre-trial conference. If your case is dismissed, you are free to go. If you accept a plea bargain, you will formally change your plea to guilty, and you will receive your reduced sentence.
The DUI Trial
If your case goes to trial, it’s important to have an attorney by your side to explain the court process and what you should expect after being arrested for a DUI. That said, going to trial is uncommon in DUI cases, and it’s not always advisable. Trials involved a number of downsides, including the following:
- The stress caused by a criminal trial
- Court cases are time-consuming
- It’s impossible to predict the outcome of a trial
While trials do have their downsides, there are some circumstances where it truly is the best choice. Going to trial can be a smart call if your lawyer believes you have an advantage, perhaps because key evidence has been suppressed or if the prosecution simply won’t offer a satisfactory plea bargain.
The Stages of a DUI Trial
Every DUI trial has a number of different stages. A dedicated attorney can guide you through each step of your trial, doing everything they can to get the best outcome possible. Here’s what you can expect from your DUI trial:
- Jurors are selected, and your lawyer has a chance to object to jurors who seem biased
- Both sides will make opening statements
- The prosecution will present its case first, and the defense goes second
- You have a chance to cross-examine witnesses the prosecution brings
- After the prosecution has made its case, your lawyer has a chance to request again that the case be dismissed
- Jurors will meet and decide on a verdict
- The judge will deliver the verdict and sentencing
The only way you can be convicted is if all 12 jurors agree you are guilty. If even one juror remains unconvinced, it is a “hung jury.” In theory, this means you need a whole new trial with a new jury, but in practice, it usually means the judge will dismiss your case, and you will be free to go.
How a Los Angeles DUI Lawyer Can Help You Case
In addition to guiding you through the DUI court process, there’s a lot your attorney can do to help you combat the charges you’re facing. Here’s what a committed lawyer can do to get you the best results possible:
- Meet with you for an initial consultation to explain your rights and legal options
- Conduct a thorough investigation of the incident that led to your charges
- Gather evidence, including eye-witness testimony, dashboard camera footage, police reports, photo evidence, and other records
- Investigate the validity of field sobriety tests, breathalyzer results, and blood tests
- Use evidence to build a strategic defense
- Negotiate a plea bargain
- Present evidence, opening arguments, witness testimony, and closing arguments in court
- File important court documents and motions
- Fight to get your charges reduced or your case dismissed
- Answer any questions you have about the court process or what to expect after a DUI arrest
As you can see, there’s a lot that goes into a strong DUI defense strategy. Therefore, you’ll want to entrust your case to an attorney who has the experience, time, and resources required to make your case as successful as possible.
The right lawyer for your case will have several years of experience handling DUI cases and a track record of securing positive verdicts for clients like yourself.
Learn More About the Court Process and What to Expect After Being Arrested for a DUI
Facing DUI charges can be frightening, especially if you’re unfamiliar with the DUI court process. Luckily, a Los Angeles DUI lawyer can provide the information you need to fully grasp the stages involved in a DUI trial and protect your best interests throughout a court case.
Contact us today to learn more about the court process and what to expect after being arrested for a DUI. We’ll give you the advice and tools you need to understand the legal process and increase your likelihood of receiving a positive outcome.
