Understanding the California DUI Court Process
Because the holiday season results in an increased number of California DUI arrests, I thought I’d take this opportunity to remind you how the California DUI court process works in the unfortunate event that you are arrested for a DUI.
After the arrest, your first court date will be your arraignment. This is your first opportunity to plead not guilty and to obtain a copy of the police report. If you are charged with misdemeanor DUI, you don’t even need to appear in court, as your California DUI defense attorney can appear on your behalf.
Following the arraignment, there will be a series of pre-trial motions and hearings. It is during this time…which can last as long as several months…where you will receive more of the prosecution’s evidence, which is critical when trying to resolve your case during DUI plea bargaining.
If you decide to take your California DUI case to trial, that comes next. This is where your attorney will explain to the jury why the state’s evidence against you isn’t sufficient to convict you of your DUI charges.
Finally, it should also be noted that within ten days of your DUI arrest, you or your California DUI defense lawyer must contact the California DMV to challenge your driver’s license suspension. While this is separate and apart from the California DUI court process, it is essential to take this action to avoid an automatic driver’s license suspension.
