DUI Process

Historically there are hundreds of people arrested each month in San Diego County for allegedly driving under the influence. The entire process with the DMV and Court cases takes around 3-4 months to complete and can be broken down into several steps:

(01) Initial Police Contact

Although there are a variety of ways a person might come into contact with a law enforcement officer the most commom way usually involves some minor traffic violation (or alleged) being observed by the officer. The officer will then engage the driver in conversation and at some point asks whether you have been "drinking tonight?" The most common answer is something like "just two beers." Once you have admitted some intake of alcohol he or she will then ask you to step out of the car and take one or more of the field sobriety tests.

(02) Field Sobriety Tests

These tests supposedly determine whether you are inebriated by attempting to measure coordination, balance, eye movement and/or language/memory skills. The officer may also ask you to take a Preliminary Alcohol Screening (PAS) test. What the officer doesn't tell you is that, unless you are under 21, you can refuse to take the field sobriety tests, including the PAS, without consequence.

(03) Arrest

When the officer(s) decide to arrest you, they will typically ask you to turn around and place handcuffs on you. The officer should inform you that you are being arrested and why you are being arrested. He should but is not required to (at this point) to read you your rights. Upon the driver's arrest for DUI, the law enforcement officer will confiscate the driver's license and issue a 30-day temporary permit. Once you have been placed under arrest, as required under California's implied consent law, you must submit to a chemical test.

(04) Chemical Test

For those arrested for DUI (alcohol) you can choose to have a blood test or breath test. You can choose which test. For those arrested for DUI (drugs) you can choose to have a blood test or urine test. You can choose which test. Finally, refusal to submit to a chemical test after arrest will result in suspension of your license and enhanced penalties and they will take your blood anyway.

(05) Bail/Jail Release

During this process you will have booking photographs & fingerprints taken and will undergo an inventory search. Most first-time offenders are released after about 12 hours "on their own recognizance." However, holiday periods are an exception. Also those people who live outside San Diego County and those who have prior DUI arrests will be required to post bail.

(06) Decision to hire / Public Defender

Your decision on who to hire will be the most crucial of all the decisions you will make during this process. Recently with the economic downturn lawyers who never handled DUI cases before are suddenly advertising for DUI defense. Inexperienced DUI lawyers (not years but cases) will only see the "tip of the iceberg" and as such dont understand where to find the details that win DUI cases. This is where the experience of lawyer comes into play whether you hire a lawyer or use the Public Defender.

However, the most important thing you need to realize right now is that you only have ten calendar days from the date your arrest within which to request a hearing with the DMV. If you don't do this within the 10 days then your privilege to drive in California (regardless of where your license is from) will go into effect and you will not have a license to drive in California.

(07) "Discovery," Investigation & Preparation

This is the most crucial step once you have selected counsel.

Your defense lawyer needs to first gather as much information as possible. Sources include your "account," the "scene," witness statements, police reports, etc. We often use licensed private investigators, a forensic chemical experts, and toxicology laboratorys for blood or urine retests. You have a right to know what information the prosecution has in its possession - all of it.

(08) DMV Administrative Per Se (APS) hearing

This hearing provides an opportunity to examine and object to the evidence, including the police report, chain of custody of any blood samples taken, reports of lab technician, etc. DMV hearings may be conducted via telephone or in person. If this hearing is lost then a suspension will go into effect even though you have not yet appeared in court either personally or through counsel. The final outcome of the DMV hearing does not affect the criminal case.

(09) First Court Date - Arraignment

Arraignment is a formal process whereby you are informed of the charges that the prosecutor’s office has filed and a plea in entered. You have three options for pleading: guilty, no contest, and not guilty. The proper plea at your Arraignment is "Not Guilty." After your Not Guilty plea, the Judge will generally set a date for your first Pretrial Hearing, which will usually be approximately 30 days from the arraignment

(10) Status/Readiness Conference

At some point we will discuss your case with prosecutor to determine what agreement we can reach with them to resolve your case without going to trial. Typically we will then agree to come back in four weeks for another Pretrial Hearing to advise the court as to the status of your case and if a plea bargain has been reached your case may resolve at that point. Other options you might have are to file motions, have blood and urine samples retested, and proceed to trial.

(11) Motions and Trial

The prosecutor will attempt to prove to a jury that you committed the crimes charge. Your attorney will challenge the evidence and theories with the goal of creating "reasonable doubt." Remember that details win trials and details win cases. Also, Most DUI trials last between two - three days.

(12) Sentencing if your are found or choose to enter a plea of guilty (even with reduced charge)

If you are found "Not Guilty," the Judge will immediately inform you of your acquittal, and the case will be closed. If you enter a guilty plea or are found guilty the judge will impose his sentence at your sentencing date.