California DUI Criminal Case
While an arrest for driving under the influence results in the potential loss of an individual’s driver license privileges, a criminal case is also initiated upon the motorist’s arrest. Typically, an individual arrested for driving under the influence will be charged with two separate criminal violations of the California Vehicle Code.
The first of the two criminal charges brought against the individual by the District Attorney’s Office is for driving under the influence of alcohol, drugs, or medication, pursuant to California Vehicle Code Section 23152, subdivision a. The second charge typically brought against the individual is for driving with a blood alcohol concentration of 0.08% or above, which violates California Vehicle Code Section 23152, subdivision b.
A DUI criminal case is composed of a variety of steps. The first stage in an individual’s criminal case is the arraignment, where the motorist appears in court to enter a plea of “guilty”, “not guilty”, or “no contest” to his or her DUI charges. During this time, bail arrangements for the individual are also made. After the initial arraignment, the case moves forward towards trial.
Prior to trial, a Pre-Trial Conference is held, where the District Attorney and the individual’s defense lawyer can come together to discuss a potential plea bargain. If no settlement can be reached, the case will proceed to trial. During the criminal DUI trial, the prosecution and defense attorneys are able to present evidence, challenge tests, and question pertinent witnesses and experts. At the close of the trial, the judge or jury will decide whether the motorist is “guilty” or “not guilty” as charged. If the individual is found “not guilty”, the case decision is considered final. On the other hand, if the individual is found to be “guilty”, the court will proceed with sentencing of the individual.
In recent years, the criminal penalties associated with driving under the influence offenses have become increasingly harsh. It is imperative that you speak with a knowledgeable and experienced California DUI defense attorney immediately after your arrest to ensure that your case is given the attention and dedication it deserves. If you have been arrested for driving under the influence, we invite you to read the information contained in this website and welcome you to call our office and discuss your case with a member of our DUI and DMV defense law firm. If you prefer, you may submit a confidential case questionnaire which will be reviewed by a member of our firm and receive a prompt response.
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