Being confronted with a DUI (Driving Under The Influence) charge can seem like a daunting experience, especially if it is your first offense. After the officers pull you over, they question you and administer the tests required before they proceed to arrest you. The booking process follows this, and in a short while, you will be dealing with complex legal procedures and possible consequences.

A DUI conviction can adversely affect your future. It will impact your license, finances, and even your freedom. Every step of the legal process carries significant consequences, making it crucial to approach your case strategically.

At San Diego DUI Attorney, our proficient DUI attorneys will help safeguard your legal rights, oppose the case brought against you by the prosecution, and negotiate the best possible outcome. Understanding the process allows you to act accordingly and make informed decisions, and the information below will help you better understand the stages involved in a DUI case.

Step 1: DUI Investigation

California DUI cases usually begin when law enforcement officers believe you are driving under the influence. The police officers could initiate an investigation based on the following:

  • Your driving behavior

  • A regular DUI checkpoint

  • Their response to an accident

This initial phase will help them determine whether to go ahead and arrest you. Even a small vehicle fault, like a broken taillight, can lead to a stop, which could result in an investigation. If you are involved in an accident, police officers will evaluate you to see if alcohol impairment plays a role.

During a stop, officers will be looking for signs of being intoxicated, such as:

  • The smell of alcohol or drugs

  • Bloodshot eyes

  • Slurred speech

  • Slow movements or reactions

If the officers suspect you are impaired, they will subject you to a field sobriety test (FST) or a portable breath test (PBT). While you can refuse these tests unless you are on DUI probation, refusal may lead to further scrutiny. The officers will call on a drug recognition expert (DRE) to conduct the assessment and help with the case. These officers are trained in drug and alcohol detection.

If the officers establish probable cause, they will place you under arrest. Your driver's license will be confiscated, and you will be given a temporary one valid for 30 days. You will be expected to request a DMV hearing within ten days to contest the suspension.

DUI investigations happen in real time. Operators have limited time to examine the state of affairs to preserve public safety, especially at a DUI checkpoint. While these checkpoints are permitted under the Constitution, they have to operate as ordered, and improper procedures can result in either the evidence being excluded or your case being dismissed.

Step 2: The Arrest

Police officers will investigate to determine whether sufficient evidence warrants an arrest. If arrested, the police will seize your driver's license and give you the pink form, a temporary license for 30 days. Depending on the situation, the officers could release you on a written promise to appear in court. Alternatively, they could require you to post bail.

If the officers gather sufficient evidence, they will arrest you based on probable cause. After the arrest, you go through the booking process at the police station. During booking, the police officers will capture your fingerprints and photographs.

As soon as you are taken into custody, the police officer files a report to the prosecutor, who, in turn, evaluates the proof and decides to press DUI charges. This course of action is dependent on the strength of the evidence, which includes:

  • The results of field sobriety tests

  • The results of the breathalyzer test

  • Observations made by the officer

After the arrest, the legal process advances with possible criminal charges and administrative penalties.

Step 3: Getting Legal Assistance

Upon arrest for a DUI in California, police officers will inform you about your Miranda rights, including the right to an attorney. If you cannot afford one, the court will appoint a public defender at no cost. Nonetheless, public defenders are frequently occupied with many cases, which limits the amount of effort and time they can put into your case. This could hurt the public defender’s preparedness and the quality of representation you receive, especially in complicated cases.

The help of a private DUI lawyer can be huge if you have the resources to pay for it. Private lawyers usually deal with fewer cases and dedicate more time to every client. This allows them to thoroughly review evidence, discuss strategy in detail, and build a stronger defense. Most of them are DUI law experts, meaning they can better question the accuracy of breath tests or challenge the legality of the stop.

Moreover, private attorneys have access to more resources, like key witnesses or investigation personnel, which can benefit a DUI case. This personalized attention and specialized knowledge can lead to a more favorable outcome, especially in high-stakes or complex DUI cases.

On the other hand, public defenders, though capable professionals, are often overloaded by case numbers. This is due to their limited resources, meaning they cannot devote as much attention to your case as a private lawyer would. Communication and scheduling are usually challenging to manage since public defenders have less flexibility. They may also lack access to the same resources private attorneys can access. The absence of DUI law specialization could result in them not defending you as aggressively as possible.

Public defenders can still plead deals and represent you in court. However, their capacity to conduct in-depth investigations or challenge the evidence quality might be weak due to a lack of time and resources.

Step 4: The California DMV hearing

After a DUI arrest, you will face a (Department of Motor Vehicle) DMV hearing and a criminal case, which can influence your driving privileges.

The DMV hearing is administrative and independent of the criminal proceedings. It primarily focuses on whether your driving license should be suspended due to a DUI arrest. The DMV's objective is to determine whether:

  • You were arrested lawfully

  • You had a BAC of 0.08% or above

  • The officer providing the evidence had reasonable grounds for the arrest

If you lose the DMV hearing, your driver’s license will be suspended for 4 months up to 3 years, depending on your criminal history and refusal of the chemical test. A refusal of the test could result in a more extended suspension period. If you are a first-time offender with a BAC over the legal limit, you could be suspended for 4 months, but repeat offenses or refusing to submit to a test will mean a longer suspension.

An attorney can help you with both the DMV hearing and the criminal case. They can put forth the hearing request, prepare for it, and dispute the evidence presented against you. Winning the DMV hearing is not a guarantee for keeping your license, as criminal court convictions can have different consequences.

Step 5: DUI Trial

The prosecutor's function in ascertaining charges after your DUI arrest involves a detailed examination of the offense, your criminal record, and the case's particulars. This assessment ensures you are charged correctly for a misdemeanor or a felony DUI. Numerous considerations, mainly the crime details and your previous DUI convictions, influence this decision.

DUI offenses are outlined under Vehicle Code 23152(a) and 23152(b), which deal with drunk driving and driving with a BAC (Blood Alcohol Content) of 0.08% or more. A first offense is primarily a misdemeanor, but with a prior DUI conviction, if the present one involves a crash or injury, the charges might turn into a felony.

The situation worsens if you hold a commercial driver’s license (CDL). A BAC of 0.04% or more can bring DUI charges. The legal limit for commercial drivers is lower than the standard 0.08% limit for other drivers.

Furthermore, drivers under 21 years should have no amount of alcohol detected in their system, even if it is below 0.08%. If you have any alcohol in your system, you will face DUI charges under the zero-tolerance policy.

The prosecutor's decision can also be influenced by:

  • The level of your BAC

  • Whether you caused an accident

  • Your attitude when you were arrested

A BAC of 0.15% or more can lead to additional allegations. At the same time, an accident you were involved in, especially one with injuries, could make you face VC 23153 violation charges (DUI causing injury charges). If you refused to submit to a chemical test or acted out of bounds, the prosecutor could pursue more severe charges like felony DUI. In case your DUI caused anyone to suffer serious injury or death, charges like DUI causing death or vehicular manslaughter can come into play.

Step 6: DUI Arraignment

The trial process for a DUI begins with the arraignment, your first official court appearance after an arrest. This stage is the formal start of the criminal legal process, where the court informs you about the charges and your constitutional rights. These rights include your right to remain silent and have an attorney.

During the arraignment, you will also enter a plea: guilty, not guilty, or no contest. The case will move to pretrial motions, conferences, and trials if you enter a not-guilty plea. Generally, one court appearance is the standard for misdemeanor DUIs unless new motions are filed.

For felony DUIs, like ones with multiple crimes or that result in injury, a preliminary hearing occurs after the arraignment. This hearing attempts to determine whether the evidence presented is enough for the case to proceed to trial. If the judge discovers enough evidence, the case will go ahead, which can be a significant development if you face felony charges.

The arraignment is essential since it sets the atmosphere for your entire case. Should you confess or not contest, the judge could go directly to sentencing or schedule it later. A plea of not guilty initiates the prosecution and defense discovery process to exchange evidence. At this point, you may also start negotiating a plea deal.

Step 7: Common DUI Defenses

In a DUI case, your attorney's defenses are solidly dependent on the particular elements of your case, with the sole aim of achieving the best possible legal outcome. This may entail outright dismissal of charges, a reduced severity, or even acquittal in trial. The defense lawyer's approach to handling the case is governed by the particulars of your arrest, including the following:

  • Legality of the stop

  • Accuracy of tests

  • Officer's behavior

Your lawyer will aim to dispute the prosecution's argument by exploiting the weaknesses in the evidence presented. The defense strategy is not one-size-fits-all. Since every case is distinct, your attorney will opt for the most appropriate approach. For example, the lawyer can argue for suppressing that evidence if the stop was illegal or the breathalyzer readings were due to the wrong calibration. Challenging field sobriety tests, arrest procedures, or citing a medical condition that has similar effects as intoxication could be other defenses.

Ultimately, the main objective is to achieve the best possible outcome, particularly having charges dropped, reduced, or successfully defended in a trial. In this process, your attorney will be there for you, using a defense strategy tailored to the facts of your case to ensure you secure the most favorable outcome.

Step 8: DUI Plea Bargains and Pre-Trial Motions

Following the arraignment, plea bargains and pre-trial motions are significant next steps in the California DUI trial process. They significantly contribute to shaping the outcome of your case. Plea bargaining allows for negotiations that may reduce the charges or penalties in exchange for a guilty plea. On the other hand, pre-trial motions enable your attorney to contest some of the issues in the case, like the legality of the arrest or the evidence against you.

A plea bargain is an agreement between you, your attorney, and the prosecutor, where you plead guilty or no contest to a charge, often a minor charge, in return for a lighter penalty or additional charges being dropped. In DUI instances, this could entail lowering a DUI charge to a “wet reckless,” a less serious offense, or dropping other charges like speeding in exchange for a guilty plea to DUI. Plea bargaining is a common approach in many cases. It is how more than 90% of DUI cases settle. This approach enables you to avoid the risks and costs of a trial while securing a more favorable outcome.

Pre-trial motions are a different aspect. They are legal requests that your lawyer will file with the court to address issues before the trial starts. These motions aim to contest the evidence or the manner of your arrest. For instance, a motion to suppress asks the court to exclude evidence illegally obtained, for example, if the officer had no probable cause for the traffic stop or if the breath tests were administered wrongly. If a motion to suppress is successful, it might make the prosecution’s case considerably weak.

Moreover, your attorney can use a Pitchess hearing to obtain access to police records, and if any past issues are discovered, it can also reduce the officer's credibility. Rummaging through an officer's past can dramatically impact the case. If your attorney finds indications of unprofessional behavior, including a history of false reports, it could negatively impact the officer's credibility and testimony, making a notable difference in the outcome of your case.

Another central motion is a probable cause hearing, where your attorney inquires whether the officer had a good enough cause to detain you in the first place. If the judge determines that the stop was unlawful, then any evidence or testimony obtained as a result may be excluded, thus leading to the possible case dismissal.

Plea bargaining and pre-trial motions often work together. A pre-trial motion win is only an advantage that would push the prosecutor to offer a better plea deal since their case is weakened. Conversely, a pre-trial motion might be unnecessary if a favorable plea deal is presented first. Your lawyer will weigh the case's strong and weak sides and help you choose the best approach.

Step 9: DUI Jury Trial

In California, most DUI cases are settled before entering into a trial, usually through plea agreements that offer a more predictable outcome. However, if a deal is not reached, the next phase is trial, where you can choose between a jury and a bench trial. Both aim at a final verdict, but each has its distinct advantages.

A jury trial consists of 12 jurors who hear the evidence and decide about your guilt or innocence, while a bench trial is only held by the judge, who decides and establishes the facts. Even though most DUI cases result in plea deals, there are exceptions when the evidence is weak or the plea offer is bad. Trials are uncommon because they are risky, expensive, and uncertain, but if the defense is strong enough, they allow room for acquittal.

Jury trials start with jury selection, where lawyers pick jurors. The trial process involves opening statements, the prosecution and defense cases, and closing arguments. The jurors will meet to decide and have to reach a unanimous conclusion. If they cannot achieve it, the judge will declare a mistrial.

On the other hand, a bench trial runs without a jury selection, and it is generally quicker as the judge questions witnesses directly and reviews the evidence. The judge’s legal expertise often influences the outcome, making bench trials ideal for complex legal issues.

Even if trials are a possible option, most DUI cases are wrapped because of the risks and costs that are associated with going to trial. A jury or bench trial will be costly, especially concerning testimony from expert witnesses and court fees. In contrast, a plea agreement provides a definite, better-controlled outcome.

Step 10: DUI Sentencing and Punishment

The sentencing phase for DUI offenses is the last stage in the process. The court determines the appropriate punishment based on various factors, including the offense itself, prior offenses, and any damage caused. The penalties vary depending on the offense.

Misdemeanor DUI (VC 23152)

For a first offense, a conviction could result in:

  • A fine between $390 and $1,000

  • Up to 6 months in jail, with a minimum of 48 hours

  • 3 to 9 months of DUI school

  • A 6-month suspension of your driver's license

You will also receive a Watson advisement.

You will be charged with a second DUI offense if you commit a DUI violation within 10 years of the first. If convicted, you will face:

  • A fine of between $390 and $1,000

  • 10 days to 1 year in jail

  • 18 to 30 months of DUI school

  • A 2-year license suspension

The third DUI offense occurs within 10 years of the second DUI violation. The offense is punishable by:

  • A fine of $390 to $1,000

  • A sentence of 120 days to 1 year of jail time

  • 30 months of DUI school

  • A 3-year license revocation

Felony DUI (VC 23550.5)

For a fourth or subsequent DUI within 10 years, the penalty includes:

  • 16 months to 3 years in state prison

  • A fine that is between $390 and $1,000

  • A 4-year license revocation

  • 5 years of felony probation instead of incarceration

DUI Causing Injury (VC 23153)

If you are found guilty of misdemeanor DUI causing injury, you will face the following penalties:

  • Up to 1 year of local jail

  • A fine of $390 to $5,000

  • A 1 to 3-year license suspension

If you are convicted on felony charges, you will face:

  • 16 months to 4 years in prison

  • A fine of $1,015 to $5,000

  • A 5-year license revocation

DUI Causing Death (VC 23153 or Penal Code 191.5)

If the DUI incident resulted in the death of another, you will be found guilty of gross vehicular manslaughter, an offense punishable by:

  • 4, 6, or 10 years in state prison

  • Up to a $10,000 fine

  • Permanent revocation of your license

If you have prior convictions or you are found to have acted with extreme negligence (Watson murder), you could face:

  • Up to 15 years to life imprisonment

  • A fine of $10,000

  • Permanent license revocation

Find a DUI Attorney Near Me

A DUI case involves vital stages, beginning with the arrest and possibly ending at trial. Every part presents opportunities for defense and negotiation. Therefore, knowing the whole process is critical. Facing DUI charges can lead to serious consequences, including fines, license suspension, and possible incarceration. You need experienced lawyers to help you with the problem to secure the best possible outcome and your rights. Contact the San Diego DUI Attorney today at 619-535-7150, and together, we will develop a strong defense and safeguard your future.