In any criminal proceeding, the legal system takes time and effort to navigate. If you have been charged with a DUI offense, you need to be aware that the case will not be resolved overnight. A good DUI lawyer can make the process easier for you, and help make sure you are protected at each step of the process.
Procedures for DUI
The first thing you need to know on being charged is that your license will be suspended automatically 30 days from the date you were charged. This happens before your criminal case goes through the court system. But, it is possible to fight this suspension. Your DUI lawyer can walk you through the process of requesting a hearing from the DMV to try to mitigate the suspension of your license.
At your hearing, the law states that you have the absolute right to confront and cross-examine the arresting officer in the case. The DMV subpoena power can be used to compel officers to attend these hearings.
There are several other pre-trial procedures your DUI lawyer uses in preparing to defend your case.
- Discovery – this process gives your lawyer access to all evidence the prosecution has in your case, including information on the maintenance and accuracy of any testing equipment used and the history of the arresting officer.
- Pre-Trial motions – this process includes things like probable cause hearings to challenge the validity of the initial stop of your vehicle or motion to suppress hearings to try to exclude evidence that was illegally obtained or is unjustly prejudicial.
- Plea-bargain – after gathering all the evidence of the case, your lawyer may determine that your interests are best served by working out an agreement with the prosecutor that will allow you to plead to a lesser charge and reduced sentencing.
Going to trial
If the case does not get dismissed in the pre-trial process, and your interests are not well served by a plea bargain, it will be time to go to trial. The trial process for DUI in California can take anywhere from several weeks to several months, depending on the docket and complexity of your case. The key to dealing with a trial is to keep in mind that the legal system takes time.
Anxiety is natural in situations such as these, but it is important for your well-being to keep that anxiety to a minimum. That’s where a great DUI lawyer is essential. It’s our job to investigate, handle the details of your case, keep you informed of where you are in the process and walk you through the pre-trial and trial procedure.
For your part, be sure to respond to any requests for information from your lawyer, appear when you are called, and remain calm. Perhaps most importantly of all, as long as your license is valid, drive carefully. You will need to demonstrate your respect for the traffic laws as your case makes its way through the system.
If you would like further information, or need help from a DUI lawyer you can trust, please contact us for a confidential consultation.
