What happens after a DUI arrest in California?
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Motor Vehicle Hearing:
To preserve your right to drive in California, you must request a hearing
within 10 days after your license has been taken from you by an officer or
within the time set by Motor Vehicle in a revocation letter. A hearing should
be scheduled initially within 30 days.
You need to make a hearing request to the California Department of Motor
Vehicles Driver Safety Office nearest to your home. You will be mailed a notice
of the hearing about three weeks after your request.
Don’t be surprised if the DMV doesn’t get you heard in time.
If you had a valid license when stopped, you are qualified for a temporary
license to drive until the hearing. You can plan on at least 45 days of driving.
If you lose at the hearing, you can not drive after you receive the notice
of the results.
In our opinion, you should request the officer's presence at the hearing.
Crucial defenses can be developed at the hearing.
Arraignment:
This is the date on your ticket, about 30 to 60 days after your
arrest. If you have an attorney and are out of jail, you do not have to appear.
It is primarily for advisement of rights. If you have an attorney, he will
advise you.
Pre-trial Conference:
Your attorney will discuss your case with the District Attorney
and negotiate the best possible plea bargain, if this is what you want. It
will happen about 6 weeks after arraignment.
This is usually after the Motor Vehicle Hearing. The date is set by the Court
and your attorney on his calendar.
Suppression Hearing:
The Court may suppress some or all of the evidence against you if your constitutional
rights have been violated. Your attorney will file motions to suppress. It
occurs anywhere from 6 weeks to 3 months after the pre-trial conference.
Trial:
Almost always a trial is to a jury of twelve. Trial must be held within six
months after your plea. Again, don’t be surprised if the court doesn’t
get to your trial on time.
Sentencing:
The Court imposes a sentence after a conviction at trial or after a plea bargain
is accepted and a plea entered. Sentences may include jail time, in home detention,
probation, public service, alcohol classes and fines.
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