A DUI arrest can be confusing and overwhelming, while a conviction attracts severe penalties, including license suspension. Unfortunately, many defendants do not know that DUI cases operate on a dual system, involving two parallel and simultaneous legal proceedings. There is the Department of Motor Vehicles (DMV) administrative hearing and the criminal court hearing. Although these proceedings are independent and an outcome in one does not affect another, they operate on strict timelines that begin immediately after arrest.
You could win the criminal court case, but still end up with an automatic license suspension if you fail to request the DMV proceeding or do so after the 30-day deadline has passed. If you face a DUI charge, it is crucial to understand the DUI process and the roadmap on how the court and DMV work simultaneously to retain your driving privileges. An experienced DUI attorney can help you handle the two proceedings altogether to protect your freedom, criminal record, and driving privileges.
DUI Investigation
The DUI process begins when you are stopped at a sobriety checkpoint or pulled over for suspicion of drinking and driving. After the stop, the stopping officer conducts a field sobriety test (FST) as part of the investigation. Poor performance in the test indicates that you are impaired by drugs or alcohol and gives the police reasonable cause to administer preliminary alcohol screening (PAS). Law enforcement conducts a PAS on the roadside using a breathalyzer to test your blood alcohol concentration and help determine whether you should be arrested for DUI.
If your BAC is above the designated limit of .08% or you are driving under the influence of alcohol, regardless of the amount, the police will have probable cause to arrest and book you in jail pending arraignment in court.
FSTs and PASs are optional, and if you are 21 or older or not on DUI probation, you can decline to take the tests without any repercussions. These tests only help the officers to make an arrest decision, although the results can be used against you in court.
Post-Arrest Stage
If you agree to the PAS test or FST leading to an arrest, you cannot refuse to take the chemical blood or breath test. A refusal to take the test after arrest can result in license suspension or DUI penalty enhancement upon conviction. You risk serving a mandatory 48-hour county jail term or an additional twelve months of license suspension.
Once you are booked and processed, the arresting officer will prepare a report and send the file to the district attorney. The DA will review the evidence and the charges recommended against you. If the evidence is sufficient, the DA will file formal DUI charges. However, if it is insufficient, they will return the file to the officer for further investigation, and in the meantime, you will be released without requiring bail.
Conversely, if the prosecutor files charges, you will need to post bail to obtain pretrial freedom. Bail can be set using the county bail schedule or in the arraignment hearing. Alternatively, the court can release you on your own recognizance (OR) without having to post bail. If you post the amount, you will be released and given a date to appear in court.
Not all DUI arrests end with jail detention. Sometimes, the office will issue you a citation or pink sheet stating your offense and the date you should appear in court before releasing you.
Hiring a Seasoned DUI Attorney
After formal DUI charges, you can decide to represent yourself in court, have the court appoint a public defender for you if you cannot afford a private legal representative, or retain the services of a seasoned private attorney.
With the strict deadlines and the complexity of DUI laws, court processes, and administrative proceedings, self-representation is a bad idea. A missed deadline alone can lead to the loss of your driving privileges.
Similarly, public defenders are overworked or work with limited resources, meaning they might not give your case the attention it needs to secure a favorable outcome. This leaves you with retaining a private legal representative as your best option for securing a fair verdict. A private counsel will dedicate their time and resources to your case, keep you updated, and use their excellent negotiation skills to secure a favorable plea deal or settlement. Also, if the case goes to trial, your private DUI attorney will aggressively defend you for a charge dismissal or reduction of the DUI to a wet or dry reckless charge. Additionally, they will represent you in the DMV hearing to prevent a withdrawal of your driving privileges.
The DMV Proceeding
After arrest, the police will confiscate your physical driver’s license (DL) and send it to the DMV. Before releasing you, they will then issue you a temporary DL in the form of a pink piece of paper. Once you are issued the license, you have ten days to request an administrative per se (APS) proceeding; otherwise, the DMV will automatically withdraw or suspend your driving privileges after thirty days. The interim license will help you drive while the DMV decides whether you should retain or lose your privileges. The hearing can be held one or three months after the arrest, so having the temporary DL allows you to operate the car legally.
Your DUI attorney should call the DMV within ten days of the arrest and request the APS hearing. Once the hearing is scheduled, your attorney should begin preparing for the proceeding by gathering evidence regarding the arrest. Requesting the hearing alone is not enough. You must prevail in the hearing to retain your license. The ten-day timeline includes weekends and holidays. Assuming it is ten business days could lead to late filing and automatic license suspension.
On the hearing date, your attorney can appear on your behalf to challenge the suspension. Even though you don't need to appear, showing up is a sign that you take the matter seriously and can benefit your defense.
During the proceeding, the DMV must demonstrate, by a preponderance of the evidence, that the arresting officer had reasonable cause to stop the vehicle and probable cause to arrest. Additionally, they must show that the arrest was legal, that you had a BAC of .08% or more, or that you declined chemical testing after arrest. The evidentiary standard in APS proceedings is easy to meet, as the DMV must show that it is more likely than not that the accusations are true. Without legal representation, you could easily lose your license.
However, when you are represented, the DMV will change its attitude because they know your attorney understands DUI laws and the Title 17 rules for conducting various tests. Your attorney will challenge the officer’s probable cause and contest the accuracy and reliability of the test results. If the officers violated Title 17 procedures, the results cannot be relied upon, and you will retain your license. A rising BAC can also be used as a defense.
If you prevail in the hearing, you will retain your driver's permit. However, if later the court convicts you of the DUI offense, you will lose your license, as the two are separate entities and an outcome of one jurisdiction does not affect the other. If you lose the DMV proceeding, you will lose your license for four to thirty-six months, contingent on your DUI record and whether you agreed or declined the chemical tests.
The Criminal Court Case
The DMV and criminal hearings are parallel and simultaneous. It means you will be dealing with the two cases at the same time, although the court case can last for months or years. The stages involved in the criminal court case are:
The Initial Court Hearing
Once the prosecutor prefers charges against you, you will appear in court for the initial hearing, also called an arraignment. In the hearing, The most common charges you might face for DUI are:
- Driving under the influence pursuant to Vehicle Code (VC) 23152a
- Driving with a blood alcohol level of .08% or more pursuant to VC 23152b
The judge will read your rights to legal counsel and against self-incrimination. They will then recite your charges so that you can take a plea. You can plead not guilty, no contest, or guilty.
Also, during arraignment, the court can rule on bail. If you want to request a bail reduction or O.R. release, this is the time to do it.
Lastly, the prosecutor will present the discovery they have against you at this hearing, and the court will then schedule a pretrial conference.
The Pretrial Conference
The pretrial conference in a DUI court case entails negotiations with the prosecutor on a favorable plea deal and discussion of other matters relating to the case. As you wait for the pretrial conference, your DUI attorney will be conducting an independent investigation into the case to compare it with the police report, which the prosecutor relies on heavily to build a case against you. That way, the attorney can identify weaknesses in the prosecutor’s evidence and use it in the pretrial conference to negotiate a fair deal or the dropping of the charges.
Also, after investigations, your attorney can file several motions in your favor, including:
- A probable cause motion to challenge the legality of the initial traffic stop or arrest
- A motion to dismiss the DUI case if the prosecutor lacks sufficient evidence
- An evidence suppression motion requesting that the court not admit certain evidence that your attorney believes was obtained unlawfully.
- A discovery motion asking the court to order the prosecutor to provide more evidence in the case.
- A blood split or a urine sample motion requesting the testing of the split sample if you doubt the accuracy of the first sample test, or suspect a sample of the blood or urine was not preserved for future testing.
- A Pitchess motion requesting permission to assess the arresting officer’s complaint file to obtain information that could discredit their testimony or character.
Your attorney will utilize this phase of the case to try to settle the matter before it goes to trial. A favorable plea deal could be a reduction of your DUI charges to a wet reckless charge, which carries lesser penalties, as it does not involve alcohol. However, if your attorney cannot secure a favorable deal, the case will proceed to trial.
The Jury Trial
When the case goes to trial, you will first go through the jury selection process. Here, the prosecutor and your defense each pick preferred members of a jury from a list of jurors provided by the court.
Once the jury is selected, the case begins with opening statements from the prosecutor and then the defense attorney. After the opening remarks, the prosecutor presents the evidence they have against you, including witnesses. Your attorney will then have the chance to challenge the evidence presented.
After both sides present their evidence, the opposing sides will make closing remarks, and the jury will deliberate on the matter before issuing a verdict. The judge will read the verdict and schedule a sentencing hearing if you are guilty. For you to be guilty of DUI offenses, the prosecutor must prove beyond a reasonable doubt that the accusations are true. However, because this evidentiary standard is difficult to attain, your attorney can use the opportunity to develop defense strategies or negotiate a plea deal.
DUI Defenses
The legal defenses your attorney can mount to secure a charge reduction or dismissal are:
- Lack of probable cause for arrest
- You were not behind the wheel
- Violation of Title 17
- Police misconduct
- Falsely high BAC results due to a medical condition
DUI Legal Penalties
DUI is a priorable offense, meaning that a conviction affects the penalties you will face for a subsequent DUI crime. A first DUI is filed as a misdemeanor. The penalties you will face when the court finds you guilty include:
- Three years of informal or misdemeanor probation
- Around three months of DUI school
- Court fines and penalty assessment fees of between $1,500 and $2,000, depending on your county of residency.
- Half a year of license suspension
- At most six months of jail incarceration
- Installation of an IID
A conviction will also result in collateral consequences, such as increased insurance premiums.
Find a Seasoned DUI Attorney Near Me
When you face a DUI charge, the best chance you have at retaining your driving privileges is winning both the APS hearing and the criminal court case. However, if you are not familiar with the laws and procedures in both proceedings, you are likely to lose both or one of the proceedings. Retaining the services of a competent attorney will help you navigate the two hearings and secure a fair outcome, contingent on your case’s facts.
At Jonathan Franklin DUI Attorney, we understand DUI law, court processes, and DMV processes, making us suitable to defend you against your charges. Contact us at 323-464-6700 to discuss your DUI case in Los Angeles, CA.
