St. Augustine DUI Court Process
THE DMV AND COURT PROCESS ARE SEPARATE! MAKE SURE AND CONTACT A DUI ATTORNEY IMMEDIATELY TO REQUEST A DMV HEARING TO SAVE YOUR LICENSE.
After someone has been arrested for Vehicle Code Section 23152 (a) and or Vehicle Code Section 23152(b), commonly referred to as a DUI, they often have questions as to the Court Process:
Southern California DUI Trial Attorney | Drunk Driving Defense Lawyer
Arraignment : when you appear in court for the first time on DUI charges, the charges against you will be read and you will answer to them – not guilty, guilty, no contest. The prosecuting attorney or judge will discuss whether bail should be required and how much. Both prosecuting and California criminal defense attorneys may make other motions at this time. In most misdemeanor DUI cases, if you have retained a DUI attorney or DUI lawyer, the DUI attorney can appear on your behalf without you having to be present. The DUI attorney can enter a plea of not guilty on your behalf or continue the arraignment depending upon the particular circumstances involved in each DUI case.
Pretrial : a pretrial hearing may also be set during the arraignment in misdemeanor DUI cases. The attorneys will discuss the case during the pretrial hearing, and may attempt to reach a settlement at that time. Further pretrial dates may be necessary. In most misdemeanor DUI cases, your attorney can appear on your behalf and you will not be burdened with the time and possible embarrassment of having to appear in court. If the case is not settled or dismissed, a date is set to begin the trial.
PRELIMINARY HEARING: A preliminary hearing may be set during the arraignment for felony cases. Most DUI cases are misdemeanors, however, if it is your 4 th or subsequent DUI it can be charged as a felony. In addition, if you are charged with a DUI with injury VC 23153 where someone was injured or children were present (Child Endangerment), the cases can be filed as a felony. At this hearing, the attorneys present basic evidence and the judge decides whether to allow the case to go forward in court. The defense has the opportunity to cross exam prosecution witnesses, which can help determine whether the prosecution has a case against you.
If the judge decides there is enough evidence against you to proceed with the felony charges, you will be “held to answer” and a second arraignment will be set in the trial court about two weeks later where you will again enter your plea.
DUI Trial : there are certain time limits in which a case must be brought to trial. In misdemeanor cases, you have a right to go to trial within 30 days of your arraignment if you were in custody at that time, or 45 days if you were not in custody at your arraignment. In felony cases, you have the right to go to trial within 60 days of the second arraignment. These time limits are minimums, but often the case requires additional investigation and research before going to trial. So, the attorneys may ask for a “continuance” and your case may not go to trial for several months.
The trial itself can take from days to weeks to conclude, depending on the complexity of the DUI case, number of witnesses and DUI experts the attorneys or lawyers call to the stand.
Sentencing: once the jury has entered a verdict against you, the sentencing phase of the trial begins. Your attorney may present evidence in your favor and argue for minimum or alternative sentencing. You could go to jail for up to one year for a misdemeanor charge, or more than one year for a felony. You may also receive probation instead of, or in addition to, jail time.
Alternative Sentencing: In many cases, several alternatives to jail or prison are available for defendants who are convicted of DUI or about to accept a plea bargain agreement in DUI cases. Unfortunately, inexperienced criminal defense attorneys are often unaware of most alternative sentencing options. Alternative sentencing options include:SCRAM | DUI Program | Alternative Sentencing for DUI
An Alcohol Program or Drug Rehab Program
City jail or “private” jail
House arrest, also known as electronic monitoring
Sober living programs
Probation: in misdemeanor cases, probation consists of either summary or supervised probation. Under summary probation, you do have a probation officer or anyone to report to; however, you must obey all the terms of your probation, which usually includes not violating any charges. So, any new misdemeanor or felony charge in any county or state will be considered a violation of your current probation which could then result in jail time in addition to the charges which may be entered against you on the new case.
In supervised probations, you are assigned to a probation officer who you must report to on a regular basis. Depending on the charges, the probation officer may require drug testing, anger management classes, or other drug rehabilitation classes. Probation can last from 12 to 60 months. The same consequences as above apply.
Appeals: you always have the right to appeal a DUI case or ruling, although you may have to start the entire trial process all over again, or even obtain new counsel who specializes in appeals.
Expungement: when you have been convicted or pled guilty or no contest to a criminal charge, an Expungement serves to “set aside” the charges and dismiss the case. You are completely relieved of the penalties that were entered against you, and the misdemeanor will be erased from your criminal record so that you claim you were never convicted of any crime.Clear Crminal DUI Record | DUI Expungement Lawyer | Seal Criminal Records
For more information on Expungement, click here.
Our DUI Law Firm Handles cases throughout Southern California.
We practice in the following cities and counties in the Inland Empire as well as Orange County and Los Angeles County:
Riverside County DUI – Driving Under the Influence
Aguanga, Anza, Arlington, Banning DUI, Calimesa, Casa Blanca, Cherry Valley, Corona, Corona Hills, Edgemont, El Cerrito, Gilman, Glen Avon, Glenn Valley, Hemet, High Grove, Indio, Home Gardens, Homeland, Hot Springs, Idyllwild, La Sierra, Lake View, Mead Valley, Meadow Brook, Mira Loma, Moreno, Mt. Lanter, Murrieta, Norco, Nuevo, Pedley, Perris, Quail Valley, Riverside DUI Defense, Rodea, Romoland, Sage, San Jacinto, Santa Ana Canyon, Soboba, Sun City, Temecula, Palm Springs, Temescal Canyon, Vail Lake, Valle Vista, Wildomar Lake, Winchester
San Bernardino County DUI – Driving Under the Influence
Adelanto, Angeles Oaks, Apple Valley, Barstow DUI Lawyer, Bloomington, Chino, Chino Hills, Colton, El Mirage, Etiwanda, Forest Falls, Grand Terrace, Helendale, Hesperia, Highland, Loma Linda, Lucerne Valley, Mentone, Montclair, Ontario, Oro Grande, Phelan, Pinon Hills, Rancho Cucamonga, Redlands, Rialto, San Bernardino DUI Attorney , Victorville, Wrightwood, Yucaipa.