California DUI Court Processhttp://www.joshdale.com/california-dui-court-process/en-US2012-02-12T19:51:25ZSquarespace Site Server v5.11.81 (http://www.squarespace.com/)California DUI Court Processhttp://www.joshdale.com/california-dui-court-process/2012/1/4/california-dui-court-process.htmlJoshua M. Dale, Esq.2012-01-05T00:34:19ZThere are two paths for your case - it all depends on whether you are charged with a California felony DUI or misdemeanor DUI.

Each of the paths end in a jury trial, followed by a long appeals process if you choose. The felony DUI begins like the misdemeanor in a first appearance before the California Superior DUI Court called arraignment. At arraignment, the DUI defendant is asked for their plea - most of the time it is in the defendant's best interest to plead "not guilty" at this point.

For the felony DUI situation, the court must bring you to a "preliminary hearing" within 10 court days unless you give up that right - most of the time you will give up that right so that your case can be investigated. Other times you, or your attorney, should force the case to preliminary hearing right away. This is because if the prosecutor's case is faulty at your prelim, you can have the felonies reduced at this point by the judge making your case a misdemeanor. But keep in mind that you were charged with a felony usually because someone was injured or killed in your DUI incident.

In certain situations, multiple offenders w/ many priors in a row can be charged with felony DUI - but the vast majority of felony DUI charges are becuase of injury or death - you cannot be charged with felony DUI for injury to yourself.

At the preliminary hearing, the judge must decide if there is evidence at the level of problable cause to hold you over on the charges the prosecutor has brought. You'll be held over for jury trial if the judge so finds - if the judge doesn't find that the charges stand, the judge can throw out the case or hold you to misdemeanor charges. Usually the injury is very slight or you didn't contribute to the injury in your driving - your DUI wasn't the fault for the accident, and thus the injuries or death.

Because of the political influences surrounding DUI and drunk driving, you should be very careful with these charges.

At this point, if you have been lucky to have your felony reduced to misdemeanor, you begin again with arrainment in the Superior DUI Court. This time, along with the other regular cases.

It is reported that in California, over 500 people a day are arrested for DUI - very few people charged with DUI or drunk driving in California are because of deadly accidents. Most of the regular people arrested for DUI in California are for simple DUI - which is less impaired than it used to be now that we are at t he .08% blood or breath level.

To maximize your chances at plea bargaining, you again begin with a not guilty plea to the charges. You then review the police reports and other materials for your defense.

Even if you "feel" guilty of the charged crimes, your lawyer will not agree with pleading guilty - we attorneys know how to best prepare a case for jury trial and therefore successful plea bargaining.

You may file motions next or just ask for your day in court as soon as possible. On the day of jury trial prepare for a week long event or longer depending on the amount of witnesses and argument due in your case.

After the jury deliberates, you'll know your fate unless you've already settled your case with your lawyer's blessing. Remember, only you can settle your case - once you do, the case is over.

If you don't put up a fight, you'll never know if you could have done better, and usually you can do better than the average.

Good luck on your case.

]]>