California Criminal DUI/Drunk Driving Case
The following time limits are statutory requirements under the California Vehicle Code and the California Penal Code. Your case must conform to these requirements unless you waive any of these rights. In many cases, it is wise to waive them, to allow your attorney to build your defense. In other cases, it may be best to go straight to trial because of the D.A.'s lack of evidence against you. If your DUI case is in the San Francisco Bay Area, a reputable
Bay Area DUI Defense attorney can help you to decide upon this waiver.
ARRAIGNMENT
If you are in jail on a DUI charge, your DUI arraignment must be held without undue delay. That means within a maximum of 48 hours after your DUI arrest or the next court day following. If you were released on citation, then your DUI arraignment will be at least 10 days after your DUI arrest, but no more than 25 days after your DUI arrest. Your DUI arraignment is a hearing whereupon you will be either formally charged with a crime by the district attorney or the district attorney will not file a complaint against you. If you are charged with a drunk driving crime, then you will be asked to enter a plea. At the arraignment, it is almost always the best idea to plead "not guilty" in order to either a) give you a change to find an attorney, or b) give your attorney a chance to get discovery in your case and find out whether the D.A. has a case against you. If a complaint is filed, then the D.A. thinks he has a good case. A good San Francisco Bay Area drunk driving defense lawyer will be able to find the holes in that case, and, if it is not a good case, even get it thrown out of court. At that time, if your attorney is present with you in court, the judge will set a date for pretrial conference, and the pretrial preparations will begin.
DISCOVERY
Discovery is the information-gathering phase of your case. You are entitled to a copy of ALL the evidence that the district attorney has against you, and the D.A. has 15 days after an informal request is made to deliver it to you. In most cases, the D.A. hands your attorney a packet of discovery at the arraignment, above, which consists of the arrest report and any BAC testing results. Each side must furnish the other with a witness list, and your attorney can investigate the circumstances of your arrest, investigate credentials of people involved in your arrest, and contact experts to testify in your defense at trial.
PRETRIAL MOTIONS
Pretrial motions are extremely fact intensive and vary widely from case to case. Under certain circumstances, motions can be made which will end the prosecution against you completely, or which will exclude certain improper evidence from being used against you.
PRETRIAL CONFERENCE
The pretrial conference is a chance for both sides to have a pow-wow with the judge and determine whether they are ready to proceed to trial. This is also where most deals are struck. After reviewing all of the evidence, I will counsel you as to whether you should accept a deal or not, and if so, I will negotiate on your behalf to get the best deal possible.
TRIAL
Under California Law, unless you waive your right to a speedy trial (*which, in certain cases, is best to do), your trial will be within 30 (if in custody) or 45 (if released) calendar days after your arraignment or plea, whichever comes later. If you do waive your right to a speedy trial, then the judge, D.A., and I will set the date together based on what is most convenient for you, and all involved. For a better understanding of what might happen at trial, click on the "San Francisco Bay Area DUI Case Defense" link above or below.
SENTENCING/ JUDGMENT
Again, absent a waiver, sentancing in your Bay Area DUI/ drunk driving trial will be not earlier than 6 hours after the verdict, and not later than 5 days after the verdict. The sentencing or judgment you receive will depend on the facts of your case, the jury's feelings, thoughts, and impressions, and your Bay Area criminal DUI Defense attorney. I coach all of my clients on courtroom demeanor, appropriate dress, and how to make the most of our defense theme.