California DUI Laws: Process and Defense of a Charge

California DUI laws make it a serious crime for anyone who is convicted of a DUI charge. DUI penalties in California can include incarceration, fines, license suspension,

DUI Case Process

A DUI case involves two legal tracks. One is in the criminal justice system and the other is a DMV hearing regarding your right to drive legally in California. The first criminal justice proceeding a DUI defendant will face is the arraignment at which formal charges are generally read and the defendant is given an opportunity to enter a plea. This generally happens within a day or two after arrest if the prosecution intends to proceed with charges. It can take longer though.

Pretrial motions are then submitted to both sides and the court regarding any issues in the case that must be dealt with before trial. This can include legal defenses based on evidence. During the pretrial phase, it is common for the prosecutor in a case to offer some kind of plea bargain to a defendant, allowing the defendant an opportunity to avoid trial.

If no plea arrangement is reached, trial is next. At trial, both sides present evidence and a judge or jury determines whether or not the case has been sufficiently established by the prosecution. If it has not, the defendant will be dismissed. If it has, the punishment will then be determined.

Defending Yourself

Assessing your viable defenses is exactly what you should be doing if you are facing DUI charges. While it is best to consult a criminal defense attorney experienced with DUI cases regarding available defenses in your case, here are some potential defenses in a DUI case:

• Lack of probable cause for the initial stop may result in evidence being thrown out based on the illegal stop.
• Improperly administered drug or blood alcohol testing can result in the bar of certain evidence.
• A medical condition which may impact  the reliability of a particular test administered in a DUI case can also be used to get evidence thrown out. 

Getting Legal Help

A California DUI case requires experienced legal counsel because of the complexity of issues and the severity of consequences should a conviction be secured. An attorney can help you fight for your freedom if you are facing DUI charges. You can talk with an attorney about your case in confidence. Your attorney will help you assess your situation and think about possible defenses.