Driving Under The Influence
“If you have been arrested for Driving Under The Influence, a violation of California Vehicle Code section 23152, your arrest may have been the first contact in your life, with the California Criminal Justice system. I know how intimidating and embarrassing the arrest procedure can be. I also know how confusing, both the Superior Court and Department Of Motor Vehicle requirements are. Here is a brief overview of the process involved after a D.U.I. arrest.
With respect to the Department Of Motor Vehicles, which has control of your Driver’s License, an Admin Per Se Hearing must be scheduled within 10 days of the date of your arrest, otherwise your Driver’s License will automatically be suspended. The suspension will begin on the 31st day after your arrest, if you refused to take a chemical test at the time of your arrest, or you did take a chemical test, and the result of the test was a blood alcohol level of .08% or greater. By requesting the Admin Per Se Hearing, you are allowed to continue to legally drive until a decision is made after the presentation of evidence at the Hearing. More importantly, we are then given the opportunity to review all the evidence, to prepare a defense at the Hearing, with the goal of preventing any suspension of your privilege to drive a motor vehicle.
The Superior Court in the County of your arrest controls all remaining aspects of your case. At the time of your arrest, whether you were released on your own recognizance or posted bail, you should have been given a Court date to appear for Arraignment, which is the first procedural Court appearance in all misdemeanor and felony cases. It is at the Arraignment that the District Attorney is required to transfer to the Defense Attorney, all the evidence being used to prosecute the case, including, but not limited to the Police Report, Toxicological results, and D.M.V. Driver Records. Approximately one month after the Arraignment, a Conference appearance is scheduled by a Judge of the Superior Court. In a large percentage of the cases, this is the most important Court Appearance. At the Conference the respective Attorney’s meet with the Judge to discuss the case, at the conclusion of which, an offer of settlement is presented to the defense. If the settlement offer is accepted, the case is ended on the terms previously agreed upon. If the case is not settled, a Trial date is scheduled. The facts of each individual case determine whether the case is likely to result in a settlement, or go forward to a Trial.
In my 28 years experience representing individuals accused of Driving Under The Influence, whether it be first offenders or multiple offenders, the most important aspect of my job, is not only the required preparation with my client, to best advocate they’re legal position, but to understand all the consequences and impacts that result from a D.U.I. arrest to my client’s life, and be able to provide guidance to successfully overcome those hardships.”