What happens next?
Our Mission & Goals for handling your California DUI Arrest
Southern California DUI Defense offers a superior reputation in successfuly handling DUI charges in California. With many years experience both proscuting and defending DUI charges, the lawyers at Southern California DUI Defense know there way around the criminal court system. They will work vigilantly and tirelessly to resolve this your DUI in the best way possible.
The DMV Side of your California DUI Arrest
If you have contacted our office within ten (10) days of your DUI arrest, we will contact the California Department of Motor Vehicles to get the information regarding your driving under the influence arrest. We will also set up a DMV Hearing to challenge their suspension of your driving privilege in the State of California. Our DUI Defense Attorneys will cross-examine the arresting police officer regarding their training, background, experience in DUI cases as well as the specific procedures or lack thereof that were adhered to or not in your DUI arrest.
The Criminal Side of your California DUI Case
In terms of the criminal case, your first court appearance is known as the arraignment. This is the hearing where the judge advises what charges are filed against you and requests a plea to be entered on your behalf. Depending on the court, your appearance at the arraignment may or may not be required.
Each court has different procedural requirements as far as court appearances. Our DUI Defense Lawyers will explain to you during your free DUI consulation how your individual court works. Our office will keep you fully informed of whether your attendance at any court appearance is required.
Pretrial Motions in a California DUI Case
Before trial, we will want to file pretrial motions that may or may not require your attendance. These motions are used to challenge the admissibility of the prosecutor's evidence. A ruling in your favor can result in evidence being excluded from your trial, including evidence of a blood test or breath test, the results of some or all of the field sobriety tests, or adverse statements you may have made. Successful pre-trial motions often compel the prosecutor to make an advantageous plea bargain offer, or can result in the dismissal of the charge based on an unconstitutional stop or arrest.
Jury Trial of your California DUI Case
Finally, we may even schedule a jury trial date, whether or not you desire to go to trial. This additional court date will give us one final chance to resolve the case. Typically, jury trials with our firm last about two to four days. The jury trial process is a lengthy one.
The first thing our drunk driving lawyers deal with is the hearing before the judge to exclude / preclude or limit evidence. The next thing we do is start the jury selection or voir dire process. In California, we have twelve person juries. All jurors must agree in order to convict and it will take only one juror to hang the jury, resulting in a mistrial.
Questions are posed to prospective jurors regarding their bias, prejudices and fitness to stand as a juror in a DUI case. After the jury is selected, both the prosecutor and defense attorney have the option of delivering an opening statement. After the opening statement, the prosecution, since it has the burden of proof beyond a reasonable doubt, starts calling their witnesses against you.
Usually, the first witness is the police officer that made the DUI arrest and possibly his or her partner. Following the law enforcement officer or officers is usually the person who administered the breath test or who collected the blood test. If a blood test was administered, then the State will call their chemist to admit the blood test results.
Our DUI Defense Lawyers get to cross confront and cross examine each of the prosuction's witnesses. After that witness the prosecution usually rests. We will then have his cross-examination of the police officers and forensic toxicologist. Rigorous cross-examination is the only engine for truth in a criminal trial.
The people will rest after their last witness and the defense may or may not put on a case. Depending on the state of the DUI case, we may or may not call any witnesses to stand. If we do call any witness it will be the people who were with you at the time of your arrest, one of the officers not called by the prosecution, a private investigator or our own forensic toxicologist or experts.
After we put on our case, the prosecution has an opportunity to call rebuttal witnesses. After that, the prosecution and defense will argue about jury instructions on the law to the judge. Once that has been accomplished both counsel will engage in closing arguments. After closing arguments, the jury will be sent to deliberate and attempt to reach a verdict.
Sometimes during deliberations, jurors will pose questions to the court and counsel will argue about the appropriate responses. The deliberation process will yield one of two outcomes, a verdict or and inability to reach a decision resulting in a hung trial/mistrial. If a mistrial happens, the prosecutor has the option of re-trying the case at a future date, offering a plea bargain to a reduced charge, or dismissing the case.
Court Attire
When you are required to make court appearances, please dress appropriately. Please wear a suit, pants with a shirt and jacket, or pants with a shirt to court and professional dress for women. Please do not wear sunglasses, a baseball cap or shorts. When going to court dress and act like you would when applying for a job.
Client Notices
After each of your court dates, we will send you a letter regarding your next court date and if your presence is required, copies of any documents relating to your DUI case obtained from the appearance, as well as any important information you may need. In other words, you will be informed throughout your legal process of all that is going on with your DUI case.
If you still have any questions regarding your case that our letters do not address, please do not hesitate to contact our office. Our case managers can answer the basic questions such as confirming your next court date and if your presence is required, account information, change of address or phone numbers, Administrative Hearing information and verifying certain information in your file.
If you need to speak with any of our lawyers directly and we are not available at the time, please leave a detailed message with our office so that we may return your phone call promptly. It is very important that you remember that you are not to discuss your DUI case with anyone except our lawyers, case managers and those people I have directed you to speak with. If you have any questions concerning this, please call our office immediately. Furthermore, if you have any documents relating to your DUI arrest, please forward them to our office at once.
