California DUI Process

The Stop and Arrest Procedure in California Drunk Driving Cases

Although every DUI case is unique, below is an explination of what typically occurs in the criminal aspect of drunk driving cases in California.

STOP

The DUI process always starts with the intial stop. More likely then not, you will be pulled over for committing a driving infraction such as weaving, running a stop sign, speeding, etc. Or you may have been pulled over for driving with an expired license tag or pursuant to a random DUI checkpoint. Whatever the situation, it is not until the officer makes his initial contact with you that his DUI investigation actually begins.

DUI INVESTIGATION

California DUI Arrest Process Upon initial contact, the officer will likely ask to see your driver's license and registration. He will be looking for signs of impairment, such as slurred speech, watery eyes, flushed face, odor of alcohol on breath, and your ability to follow directions and produce identification. You may be asked to exit your vehicle to perform sobriety exercises. The officer will take note of how you exit the car and how steady you are on your feet. If you agree to perform the sobriety exercises, you will be evaluated on your ability to follow directions and perform the physical tasks. You may be asked to take a portable breath test.

**NOTE: You always have the option to refuse to submit to physical sobriety exercises. If you have any injuries or conditions that make performing them difficult, be sure to communicate that to the officer. Even injuries you sustained several years ago could affect your performance. You also have the option of refusing to submit to a portable breath test.

ARREST

If the officer feels he has enough probable cause to believe you are DUI, you will be placed under arrest. You will be taken down to the police station where a breath or blood test may be administered. Once you are in custody and being subject to custodial interrogation, you will be read your Miranda rights.

BOOKING/RELEASE

As part of the booking process, you will be searched, fingerprinted, questioned, photographed, and placed into a cell. Bail will be set and you will be afforded the opportunity to place a call to speak with a bonding company or a friend/relative to make bail post arrangements. You will be released either upon posting bail or with a promise to appear in court.

The Criminal Court Process in California DUI Cases

ARRAIGNMENT

Your arriangment is your first court appearance. If you are charged with a misdemeanor DUI, you may have your attorney go to this hearing on your behalf and your presence is not required. At this hearing, you or your attorney will enter a plea. You have three possible plea options - Guilty, Not Guilty, and No Contest. We highly encourage that you plead Not Guilty, especially if you have not yet contacted a lawyer.

You or your attorney will be given copies of the charging documents and police reports. Your case will be set for trial.

PRETRIAL/MOTION HEARING

California DUI Court Process

"Pre-trials" are court dates to update the judge on the status of your case. They are also an opportunity for your attorney to negotiate face to face with the prosecutor. Motion hearings occur pretrail to settle any legal questions that may have come up. Your attorney will request a motion hearing to argue the exlusion of certain evidence, such as chemical test results or testimony. If a plea agreement is reached, you will enter your plea and the judge will impose a sentence. If no plea agreement is reached, your case will be set for your final trial date.

TRIAL

Although most DUI cases are resolved prior to trial, it is your choice whether or not you wish to have your case decided by a jury. If you elect to have a jury trial in California, 12 jurors will be selected to hear your case. The process starts with jury selection, and then opening statements will be given by both the state prosecutor and your defense attorney. The prosecution will then present it's case and evidence against you. Witnesses will be called to testify, and your attorney will have an opportunity to cross examine them. At the conclusion of the state's case, your attorney will have the option of putting on its own case. He may call his own witnesses and experts to testify. After both sides rest, there will be closing arguments from both sides.

In order to sustain a guilty verdict, all jurors must be convinced beyond a reasonable doubt that you are guilty of DUI.

CALIFORNIA DUI EXPUNGEMENT

In California, expunging a DUI from your driving record is possible under certain circumstances. First time offenses can be cleared from your record only after applying to the court 10 years following a conviction.

California DUI Process

The Stop and Arrest Procedure in California Drunk Driving Cases

The Criminal Court Process in California DUI Cases

Official California DUI Guides

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