Getting arrested for a crime like driving under the influence can be frightening, but knowing what to expect can ease your mind and help you prepare for the next step. We tackle the first 5 things that happen during your drunk driving case and how an experienced Bakersfield DUI lawyer can fight for your rights below.
1. Your DMV Hearing
When you are arrested for a DUI in California, the responding officer will take your driver’s license at the scene. You’ll be given a 30-day temporary license and are required to schedule a DMV hearing within 10 days of your charge. This is a separate issue from your criminal case, and if you fail to book and attend a hearing, your license will be suspended automatically once the temporary one expires.
2. Your Arraignment
Within the first few days or weeks, you’ll have your first court appearance called an arraignment. If you were arrested and are in jail, your arraignment will be sooner than if you were issued a misdemeanor DUI ticket and allowed to leave the scene. During this hearing, the judge will read the state’s charges against you and inform you of your legal rights.
3. Your Plea
At your arraignment, you’ll be asked to enter a plea. You can plead guilty, not guilty, or no contest to the charges based on the recommendation of your criminal defense attorney. Most often, a not guilty plea is entered at this stage.
4. Discovery
Your lawyer will request copies of all the evidence the state has from the prosecutor assigned to your case. You should review this with your lawyer in detail so you can better understand your own position and the state’s position against you.
5. Pre-Trial Conferences
Next, you will attend one or more pre-trial conferences where your lawyer will go over the evidence against you with the prosecution and attempt to negotiate a lesser charge. At this time, your attorney can file a motion to suppress any evidence that the police obtained illegally, to review the arresting officer’s previous history of misconduct, or even to dismiss the case entirely if there’s not enough proof to charge you.
6. Plea Deal or Jury Trial
If the prosecution has sufficient evidence that you were drinking and driving, it may be in your best interests to take a plea deal for a lesser charge. However, if the state’s case against you is weak, your lawyer might recommend moving forward with a jury trial.
Should You Hire a Bakersfield DUI Lawyer?
Navigating the California criminal defense system on your own is both intimidating and dangerous. To successfully fight your charges, you need the support of a zealous representative with the legal knowledge and experience to go toe-to-toe with prosecutors doing everything possible to get the maximum punishment.
Were you arrested for drunk driving? Your rights are on the line. Contact us at Humphrey & Thompson Attorneys at Law in Bakersfield, CA to schedule a time to come into our office and discuss the details of your case.
