The DUI and Court Process

In California, it is illegal for any person who is under the influence of an alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle (Vehicle Code Section 23152(a)).  It is also illegal to drive with a blood alcohol content (BAC) level above 0.08% (Vehicle Code Section 23152(b)). If you are found driving under the influence of an alcoholic beverage or drug, or with a BAC level exceeding 0.08%, or both, you will be arrested and charged with driving under the influence (DUI).  It is possible to be found guilty of both counts, but only sentenced on one because the penalties are identical. As soon as you are released from police custody, your driver’s license will be confiscated and you will be issued a temporary driving permit that is good for 30 days.

The Arrest
When a person gets pulled over for a traffic violation or routine traffic stop, and appears to be driving under the influence of drugs or alcohol, the police officer will test the driver’s BAC. Right off the bat there are number of things police officers look for to determine if the driver is intoxicated, such as blood shot and watery eyes, slurred speech, flushed cheeks, odor of alcohol on the breath, etc. In addition, the officer will require the driver to perform a series of tests that challenge his/her physical and mental coordination, commonly referred to as field sobriety tests. If the driver performs poorly on the field sobriety tests, and the officer determines that the driver is (a) under the influence of either an alcohol beverage or drugs and (b) the driver’s ability to drive a motor vehicle is impaired, then the officer has probable cause to arrest the driver for DUI.

Once the driver has been brought back to the police station, he/she has the choice of taking either a breath test or blood test. If the results of the test indicate that the driver has a BAC above 0.08%, then he/she will be booked for DUI. After the driver has been booked, he/she will be released either on bail, or on a written promise to appear in court on a specific date. At this point, the police officer will send a police report to the district attorney’s office for review. The prosecutor handling the case at the district attorney’s office will then decide what criminal charges to file against the driver.

DMV Hearing
The DMV hearing will determine whether your driving privileges will remain suspended or be reinstated. Once you have been released from custody you have only ten days from the date of your arrest, including weekends and holidays, to schedule a hearing with the California Department of Motor Vehicles (DMV). This hearing gives you and your attorney the opportunity to challenge your arrest and the suspension of your driving privileges. However, failure to schedule a hearing within those first 10 days waives your right to a DMV hearing, and your driver’s license will be automatically suspended.

Arraignment
Following your arrest, the first step in the criminal court case is the arraignment. The arraignment is the first time you will appear in court, and where you will enter your plea of either “guilty,” “not guilty,” or “no contest” to driving under the influence. In most cases, your attorney can appear for you at this court date and all future court dates.  At arraignment, your attorney enters a plea of “not guilty” on your behalf, receives a copy of the police report, and sets the case for pre-trial court dates and a trial date.  If you plea “guilty” or “no contest” you will immediately be sentenced by the judge.  If you plea “not guilty” the judge will set a date for your criminal trial. Sometimes you can avoid going to trial by settling out of court or making a plea bargain. By doing so, you avoid the time and aggravation of a trial, and may be able to get your charges reduced or even dismissed.

1. Pre-trial & Motions
   Pre-trials are court dates that occur before the criminal trial. In any DUI case, there may be several pre-trials before the trial begins. It is at the pre-trials where Mr. Boyer will try to get his clients’ charges reduced or even dismissed. If a settlement can be reached that both the defendant and the prosecution are satisfied with, then Mr. Boyer can enter the plea to the court and avoid going to trial. At the pre-trials, Mr. Boyer will collect additional DUI reports and information from the prosecution. Mr. Boyer also has the opportunity to negotiate the case with the judge and the prosecution, and challenge whether the arresting officer had probable cause to arrest the defendant.
   
   
2. Jury Trial
   Most DUI cases are resolved at the pre-trial hearings. However, some cases do end up going to trial. At this trial, 12 jurors are selected to hear the case and determine if the defendant is “guilty” or “not guilty.” During the trial, both Mr. Boyer and the prosecution have the opportunity to present evidence, and question and cross-examine witnesses and experts.  It should be noted that the decision to go to trial is entirely up to the defendant. When you retain the services of Orange County DUI attorney David Boyer, he will personally sit down with you and discuss the advantages and disadvantages of taking your case to trial.
   

Contact Orange County DUI Defense Attorney

Once you have been arrested and charged with DUI, it is vital that you contact an attorney to help guide you through the DUI process that lies ahead. A talented attorney can help you fight your DUI charges, and may even be able to get those charges reduced or dismissed. A dedicated Orange County DUI defense attorney like David Boyer can guide you through the legal process, help you file important documents, challenge aggressive prosecutors, and defend your rights at your trial and DMV hearing. Furthermore, Mr. Boyer uses cutting-edge defense strategies, and isn’t afraid to challenge aggressive district attorneys.  Mr. Boyer interviews witnesses, collects compelling evidence, and challenges the validity of any tests that were administered before the arrest. Above all, Mr. Boyer’s number one priority is protecting his clients’ rights, and making sure justice is served. 

If you are in need of a dedicated and experienced Orange County DUI defense attorney, contact THE LAW OFFICES OF DAVID J. BOYER today for your free consultation at (949) 677-2746

Contact us about your legal matter today!