Preparing for Your DUI Trial in California: Key Steps Hire an Experienced DUI Attorney. Understand the Charges and Potential Consequences. Gather and Review Evidence. Challenge Evidence and Testimony. Develop a Defense Strategy. Prepare for Testimony. Prepare for Trial Procedures. Consider Plea Bargaining.
Drunk driving suspects can expect to spend at least two hours answering questions, being fingerprinted and photographed, and submitting to chemical testing of the driver's blood alcohol content (BAC). A driver could spend a few hours before they are released, or it may take up to a few days.
You should normally plead “not guilty”. In this part of the process you will receive the formal complaint and any evidence being presented. An arraignment is a short hearing with the judge when you will enter your plea of guilty, not guilty, or nolo contendere (no contest).
Best Case. If you have been pulled over for allegedly driving under the influence, the best-case scenario you could hope for is that the officer(s) failed to gather enough evidence against you or made procedural, technical, or constitutional mistakes before, during or following your arrest.
A DUI first court appearance signals the beginning of your criminal trial. Several legal processes occur at this hearing, including your arraignment. The judge reads the charges against you, and you're required to plead guilty or not guilty.
It is possible for a first-time DUI case to be dismissed, but that will require the help of an experienced criminal defense attorney who can research the facts of the case before forming a legal strategy to have the charges dropped.
Fine: $390 to $1,000 plus penalty assessments. DMV suspends license 6- 10 months; surrender license to court. Jail: 48 hours (optional) to 6 months.
A: Unlike in some states, jail time is uncommon for a first-time DUI offense in California. A first-offense conviction can result in penalties such as misdemeanor probation, DUI school, fines, and license suspension. However, jail is only typical in certain California counties or if other factors exacerbate the crime.