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San Bernardino County DUI Defense Lawyers

The DUI Case Process - A Brief Overview

The DUI defense attorneys at Neil Shouse & Associates appreciate how confusing and intimidating the DUI case process can be. The mission of our Los Angeles and San Bernardino County DUI lawyers is not only to attain the best resolution of your drunk driving case, but to keep you informed and comfortable throughout the process.

The life of a DUI can be broken down into three main events: the DUI arrest, the DMV hearing regarding the client's drivers license, and the DUI court proceedings.

The DUI Arrest

If you are researching California DUI lawyers, you've probably already experienced a DUI arrest. Most DUI arrests begin with the officer pulling a suspect over for some traffic violation, such as speeding or weaving. The DUI officer claims to smell alcohol on the suspect's breath and notice certain "symptoms of intoxication" such as bloodshot eyes and slurred speech.

The officer has the DUI suspect exit the vehicle and perform a battery of roadside field sobriety tests. The officer may also ask the DUI suspect to blow into a handheld Preliminary Alcohol Screening (PAS) device, designed to measure the persons blood alcohol level. Unsatisfied with the field sobriety test performance and the PAS results, the officer places the suspect under arrest for DUI. Next he takes the DUI suspect to the station for a blood or breath test to verify the blood alcohol content.

Assuming the BAC results are .08 or higher, the DUI suspect will most likely be charged with two misdemeanor offenses: Driving Under the Influence of Alcohol (DUI) under Vehicle Code 23152(a) and Driving With an Excessive BAC under Vehicle Code 23152(b). The only time felony DUI is charged is if there is an accident causing injury to a third party, or if it is a fourth offense DUI.

DMV Proceedings in a DUI Case

During a DUI arrest, the officer will take away your drivers license and give you a pink form that serves as a temporary license good for 30 days. You then have 10 days to contact the DMV and request a hearing to contest your DUI license suspension. If not, your license will automatically become suspended after the 30 days elapse.

The DMV hearing takes place in front of a hearing officer at one of the local drivers safety offices. If you hire a DUI defense lawyer, he or she will conduct the DMV hearing for you. It may be live or by phone. You may or may not attend or testify. The arresting DUI officer may be called to testify, as well as the DUI defense attorney's own toxicologist.

The DMV hearing officer in a DUI case is usually asked to decide three things:

1. Was the person driving a motor vehicle?

2. Was he lawfully arrested for DUI?

3. Did he have a BAC of .08 or higher while driving?

If the DMV finds all three of these to be true, your drivers license will be suspended for four months (longer for repeat DUI offenders). But you can convert the suspension to a license restriction (allowing you to drive to work and an alcohol class) following the first month of the suspension.

If you win the DMV hearing, however, the DMV will not suspend your license.

The DUI Court Proceedings

A typical DUI cases involves at least several court appearances. If you have a Riverside DUI defense lawyer, he or she will most likely make the appearances for you and you may never be required to go to court personally.

The first appearance is the "arraignment" where the DUI defense attorney receives the investigation reports from the prosecutor and enters a plea of not guilty. Next is a series of "pretrials" where the DUI lawyer and the judge and the prosecutor discuss and try to negotiate a resolution of the case.

During this process, the DUI attorney should be investigating the case, visiting the scene of the arrest, checking the maintenance of the BAC testing equipment and developing all the favorable angles of the client's case. The more the DUI lawyer can find evidence and issues that favor his client, the more likely he can get the DUI charges reduced or dismissed, or prepare a winning case for trial.

In the end, the DUI court process will lead to one of three conclusions: (1) the DUI charges will get dismissed, (2) a plea will be entered (either to the DUI charges or to a reduced charge), or (3) the DUI case will proceed to a jury trial. The DUI defense lawyer and the client will collaborate to decide whether to take a deal or take the case to trial.

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