The top 10 legal defenses to DUI charges are: Bad Driving Does Not Equal DUI. Intoxication Symptoms Do Not Equal DUI. Field Sobriety Tests Are Not Accurate. “Mouth Alcohol” Inflated Your BAC Result. The Officer Did Not Conduct a 15-Minute Observation. The Officer Did Not Comply with California's Title 17.
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.
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).
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.
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.
The punishment for a first DUI varies by state but often includes fines, license suspension, probation, mandatory alcohol education, and possibly community service. Jail time is rare for first offenses but may apply in cases of high blood alcohol content or accidents.
What Time of Day Do Most DUI Arrests and Accidents Occur? While DUI arrests and accidents can occur at any time of day, there are some hours when there is a higher risk of encountering a driver under the influence. The period of time from midnight to AM is the most dangerous time to be on the road.
Drivers may end a case in a matter of days if they plead guilty or immediately accept a plea bargain offered by the prosecution. DUI cases that go to trial can take over a year to resolve in some cases. DUI cases are often broken up into different stages.
Most first-time DUI offenders will have alternative sentencing options to avoid jail time. In California, some of the common sentencing alternatives to jail for driving under the influence (DUI) include drug or alcohol treatment or rehabilitation and the Mothers Against Drunk Driving (MADD) Victim Impact Program.
If you are arrested for Driving Under Influence (DUI) in California, the arrest will be recorded and may be accessible to the public. This can have serious consequences for your personal and professional life.