When people face criminal charges for driving under the influence, they must go through an arraignment hearing. That's the first formal court appearance after the arrest. Properly preparing for this can significantly reduce stress and potential penalties.
This blog post is a guide for anyone waiting for a DUI arraignment in California. Regardless of that, drivers must always hire a reputable lawyer to handle the problem for them.
People looking for an experienced DUI attorney in Sacramento, CA, should contact Goss Law. They can schedule a free consultation today and advise on how long after an accident can you be charged with DUI in CA.
What Happens After a DUI Arrest?
Immediately after a DUI arrest, the law enforcement officer takes the driver to a police station. There, they will undergo the booking process.
The driver needs to share their personal information. Depending on the situation, they may take a police photograph as well.
Police officers often measure the blood alcohol content (BAC) the driver showed while driving. If they haven't run a test on them, they may do it at the station. A DUI can also be charged without a BAC result.
People can be released on bail after a California DUI arrest. The amount of money they may need to pay depends on their criminal record, the severity of the situation, and other factors.
About the DUI Arraignment Process
DUI arraignment hearings are simpler than they seem. In a nutshell, the driver will stand before a criminal court judge to discuss the main details of the offense. For more information, see Sacramento DUI defense.
These are the main steps of the DUI arraignment process:
1. Formal DUI Charges
When the hearing starts, the judge will read the official DUI charges the defendant faces. The specific offense depends on the BAC the driver had at the moment of the arrest. Other factors, such as physical injuries and prior DUI convictions, are also taken into account.
The fact that the defendant is facing those charges doesn't mean they will be convicted for them. At the arraignment, the defendant pleads guilty or not guilty to the charges read in court. However, the charges can still be amended later, so the prosecution may add or change charges.
2. Plea Entry
After the defendant hears the charges brought against them, they must enter a plea. What the driver says here will determine how the process goes afterward.
When someone enters a guilty plea, they admit to the charges and will face the direct consequences of the offense. The specific penalties depend on the judge.
Saying the defendant is guilty is often a defense strategy. The prosecution may offer a plea deal after the arrest to avoid a trial and reduce legal penalties.
If the plea bargain is fair enough, the California DUI attorney representing the defendant may advise them to plead guilty.
People can always plead not guilty, which means denying the charges. In that case, the process will continue, and both parties will look for evidence to support their claims.
When the defense doesn't contest a DUI offense, they may face legal consequences similar to what would happen if they pleaded guilty in the first place. However, this could be part of a strategy, depending on the situation.
In DUI cases, it's generally safest to either plead not guilty or negotiate a plea deal with the prosecution
3. Bail and Release
At the arraignment, the judge may review the conditions of release, including bail. The judge can adjust them if they seem unfair. Nevertheless, this shouldn't have a major effect on the case.
Separately, the DMV license suspension is handled outside of court. To challenge it, the driver must request a DMV hearing within 10 days of the arrest notice.
4. Additional Court Dates
The case must continue if the defendant enters a not-guilty plea. Therefore, the judge must and will schedule future court dates.
Felony DUIs have a preliminary hearing; misdemeanor DUIs go to pretrial conferences. A trial may follow, if necessary.
Even when drivers deny a DUI charge, they can make a deal with the prosecution later in the process. Defendants may do this to avoid the risk of trial.
The deal will almost always include accepting some charges with a reduced penalty.
Things to Keep in Mind When Facing DUI Charges
There are several things to keep in mind when facing a DUI process. The first of them is that the defendant should never speak to the police if their attorney is not there with them. Everyone has the right to remain silent, and the police officer who conducts the arrest will know that.
Legal consequences in DUI cases can be severe, depending on the situation. The most common penalties are jail time, fines, license suspension, and community service. In some cases, the driver may need to go through a driving under the influence program.
This kind of program teaches people the possible consequences of a DUI conviction and how much damage they can cause others. The idea of this is to make them rethink the situation and become better drivers.
It's a good idea to have a case evaluation with a defense lawyer before the DUI arraignment hearing. There, the attorney and the defendant can discuss possible case strategies.
Final Thoughts - Criminal Defense Lawyers for Hire
An experienced DUI lawyer could be the difference between winning or losing a case. They will explain the whole legal process to the defendant and tell them the best path to follow. It's important that the driver hires one before the arraignment hearing. They can also prepare you for what happens if you get a DUI in another state.
The DUI arraignment is not as stressful as it sounds. In a nutshell, the driver will hear the charges against them and enter a plea. The difficult part of the process is what happens after that.
Goss Law is ready to take DUI cases in Sacramento, California. Clients can schedule a free consultation with attorney Blair Goss.
Apart from DUI cases, this law firm handles other practice areas related to criminal defense. People looking for legal assistance in Sacramento, CA, can call today to discuss the strategy they should use for their situation.
Need help with a case in Sacramento? Read about my DUI defense work, or tell me what happened.
This post is general information about California law, not legal advice about your situation. Laws change, and every case is different. For advice about your case, talk to a lawyer.