Inland Empire Criminal DUI Hearings
When you experience a stressful encounter with a police officer after you have been drinking or you have ingested drugs, an arrest for driving under the influence of alcohol (DUI) or driving under the influence of drugs (DUID) can be the beginning of a complex legal battle with enormous stakes. While you are not required to retain a private criminal defense lawyer, criminal procedural rules, evidentiary standards, court rules, your 4th Amendment rights and chemical testing issues can be both overwhelming and challenging to deal with. The attorneys at our Inland Empire DUI law firm combine legal expertise, DUI defense experience and knowledge of DUI testing and procedures to effectively protect your rights and future.
DMV Administrative License Suspension Hearing vs. Criminal Court Hearings
When you are charged with DUI in California, you will face both an administrative hearing under the authority of the California Department of Motor Vehicles (DMV) regarding an administrative suspension of your driver’s license and a criminal court proceeding regarding the criminal charge. While hearings that are part of either of these processes are important, legal representation is particularly critical in criminal hearings.
The criminal process is governed by very specific rules, procedures and substantive standards, and compliance with these is required. Without a thorough understanding of the rules of evidence, for example, you might not be able to get the evidence you want considered by the judge at trial. Further, the legal standards for a valid stop and probable cause for a DUI arrest present difficult questions that require a skilled advocate with extensive knowledge of court decisions and statutory authority. Knowledge of applicable legal standards must be combined with skill and expertise regarding chemical testing of blood alcohol concentration (BAC). The scientific knowledge involved in presenting a compelling criminal case spans a wide range of scientific disciplines.
Why You Want Our California DUI Defense Lawyers at Your DUI Criminal Court Hearing
If you have already appeared without a lawyer at your DMV administrative hearing, the informal nature of the proceeding and the non-legal background of the hearing officer might lead you to believe you can handle your own DUI criminal case. However, a criminal court hearing is an animal of a very different breed. The proceeding is formal and governed by court rules and criminal procedures, and you are opposed by an experienced prosecutor who has handled many DUI cases. In this environment, you need an experienced DUI defense attorney to protect your rights and balance the scales of justice.
Some specific ways our California DUI defense attorneys can help you include, but are not limited to, the following:
Unless you are prepared to accept the harsh consequences of a DUI conviction, which might include jail time, fines, loss of driving privileges, mandatory classes/counseling and a criminal record, you do not want to be without an attorney. Driving under the influence is not an “infraction” like many types of minor traffic offenses. Rather, DUI is, at the least, a criminal misdemeanor, so a conviction will leave you with a criminal record that can impact your future career, rental housing options, immigration opportunities, and more.
While you might qualify for a court appointed attorney (i.e., “public defender”), you must establish you are essentially destitute to meet financial eligibility requirements. Further, court appointed attorneys can be hampered by enormous caseloads as well as time and financial resource limitations. Court appointed lawyers also might have less time to meet with you, explain your rights and discuss your case. Further, you get no choice in terms of your comfort with the attorney.
DMV Administrative License Suspension Hearing vs. Criminal Court Hearings
When you are charged with DUI in California, you will face both an administrative hearing under the authority of the California Department of Motor Vehicles (DMV) regarding an administrative suspension of your driver’s license and a criminal court proceeding regarding the criminal charge. While hearings that are part of either of these processes are important, legal representation is particularly critical in criminal hearings.
The criminal process is governed by very specific rules, procedures and substantive standards, and compliance with these is required. Without a thorough understanding of the rules of evidence, for example, you might not be able to get the evidence you want considered by the judge at trial. Further, the legal standards for a valid stop and probable cause for a DUI arrest present difficult questions that require a skilled advocate with extensive knowledge of court decisions and statutory authority. Knowledge of applicable legal standards must be combined with skill and expertise regarding chemical testing of blood alcohol concentration (BAC). The scientific knowledge involved in presenting a compelling criminal case spans a wide range of scientific disciplines.
Why You Want Our California DUI Defense Lawyers at Your DUI Criminal Court Hearing
If you have already appeared without a lawyer at your DMV administrative hearing, the informal nature of the proceeding and the non-legal background of the hearing officer might lead you to believe you can handle your own DUI criminal case. However, a criminal court hearing is an animal of a very different breed. The proceeding is formal and governed by court rules and criminal procedures, and you are opposed by an experienced prosecutor who has handled many DUI cases. In this environment, you need an experienced DUI defense attorney to protect your rights and balance the scales of justice.
Some specific ways our California DUI defense attorneys can help you include, but are not limited to, the following:
- Seeking a hearing to suppress illegally obtained statements or evidence;
- Reviewing the officer’s training and the procedures followed in administering field sobriety tests (FSTs);
- Exposing the shortcoming of FSTs as indicators of intoxication;
- Revealing improper procedures by the officer in terms of conducting breath testing, such as failing to observe the mandatory waiting period;
- Attacking the accuracy of BAC breath test results based on a low-carb diet, presence of mouth alcohol, changes in BAC between the stop and test (“rising blood alcohol”);
- improperly calibrated breath test device, medical conditions like acid reflux (GERD), gender, radio frequency interference, and other factors;
- Proving the stop was illegal;
- Demonstrating lack of “probable cause” for a DUI stop or arrest; and
- Challenging blood test results based on improper collection, storage or testing; failure to provide sample for testing by defense; lab contamination; improperly qualified blood draw technician; chain of custody issues
Unless you are prepared to accept the harsh consequences of a DUI conviction, which might include jail time, fines, loss of driving privileges, mandatory classes/counseling and a criminal record, you do not want to be without an attorney. Driving under the influence is not an “infraction” like many types of minor traffic offenses. Rather, DUI is, at the least, a criminal misdemeanor, so a conviction will leave you with a criminal record that can impact your future career, rental housing options, immigration opportunities, and more.
While you might qualify for a court appointed attorney (i.e., “public defender”), you must establish you are essentially destitute to meet financial eligibility requirements. Further, court appointed attorneys can be hampered by enormous caseloads as well as time and financial resource limitations. Court appointed lawyers also might have less time to meet with you, explain your rights and discuss your case. Further, you get no choice in terms of your comfort with the attorney.
Understanding the California DUI Criminal Court Process
Whether or not you decide to appeal your driver’s license suspension at a DMV hearing, you will be forced to navigate the court system during the criminal phase of your DUI case. Because the court process is somewhat less daunting if you understand what to expect, we have provided an outline below:
Arraignment: This is the first stage in your DUI criminal case. During this meeting at the courthouse, the prosecutor will make an “offer,” which is a proposed sentence if you elect to plead guilty to the charged offense. At this hearing, you will have the option to plead guilty, not guilty or “no contest” to the DUI charge. If you plead guilty, this will result in a sentence being imposed which will end the criminal process. If you have retained an experienced Riverside DUI Defense Attorney or a San Bernardino Drunk Driving Defense Lawyer, we can plead not guilty, so we can gather and analyze the prosecutor’s evidence, which will include the police report and chemical test device maintenance records.
Pre-Trial Motions/Plea Negotiations: Although plea bargains can occur at the arraignment stage, this is usually too early in the process to obtain the best plea deal. Our California drunk driving defense lawyers take the position that the most effective plea discussions require a thorough understanding of the prosecutor’s case, so that weaknesses can be exploited and the threat of trial gives the prosecutor reason to consider a resolution favorable to our client. Our attorneys use this phase to contest the officer’s legal grounds for pulling over your vehicle at a probable cause hearing or to exclude evidence illegally obtained or that is unfairly prejudicial at a “motion to suppress” hearing. Our attorneys also may file a “Pitchess Motion” to discover information about complaints against the officer that might be relevant to the credibility of the officer and his police report. We might also file other motions during this phase of the criminal case to strengthen our position for trial and to provide a more compelling basis for the prosecutor to agree to a desirable pre-trial resolution.
Jury Trial: Although the bulk of DUI cases are resolved during the plea negotiation phase, our attorneys prepare the strongest case for trial, so all plea bargains are negotiated from a position of strength. A DUI trial will adhere to the procedural and evidentiary rules that apply in other misdemeanor criminal cases, which makes representation by an experienced DUI lawyer a virtual necessity. This will allow us to attack chemical testing, the accuracy of officer’s testimony, credibility of the officer, the reliability of FSTs, and other factual issues. We will also present appropriate favorable evidence and testimony. The prosecutor cannot obtain a conviction unless he convinces all 12 jurors of your guilt based on the “beyond a reasonable doubt” standard. In the event of a conviction, the judge will impose a sentence.
If you have more specific concerns about the DUI court process based on the specific facts and circumstances of your case, we invite you to talk to one of the skilled and knowledgeable DUI defense attorneys at our Southern California law firm.
Arraignment: This is the first stage in your DUI criminal case. During this meeting at the courthouse, the prosecutor will make an “offer,” which is a proposed sentence if you elect to plead guilty to the charged offense. At this hearing, you will have the option to plead guilty, not guilty or “no contest” to the DUI charge. If you plead guilty, this will result in a sentence being imposed which will end the criminal process. If you have retained an experienced Riverside DUI Defense Attorney or a San Bernardino Drunk Driving Defense Lawyer, we can plead not guilty, so we can gather and analyze the prosecutor’s evidence, which will include the police report and chemical test device maintenance records.
Pre-Trial Motions/Plea Negotiations: Although plea bargains can occur at the arraignment stage, this is usually too early in the process to obtain the best plea deal. Our California drunk driving defense lawyers take the position that the most effective plea discussions require a thorough understanding of the prosecutor’s case, so that weaknesses can be exploited and the threat of trial gives the prosecutor reason to consider a resolution favorable to our client. Our attorneys use this phase to contest the officer’s legal grounds for pulling over your vehicle at a probable cause hearing or to exclude evidence illegally obtained or that is unfairly prejudicial at a “motion to suppress” hearing. Our attorneys also may file a “Pitchess Motion” to discover information about complaints against the officer that might be relevant to the credibility of the officer and his police report. We might also file other motions during this phase of the criminal case to strengthen our position for trial and to provide a more compelling basis for the prosecutor to agree to a desirable pre-trial resolution.
Jury Trial: Although the bulk of DUI cases are resolved during the plea negotiation phase, our attorneys prepare the strongest case for trial, so all plea bargains are negotiated from a position of strength. A DUI trial will adhere to the procedural and evidentiary rules that apply in other misdemeanor criminal cases, which makes representation by an experienced DUI lawyer a virtual necessity. This will allow us to attack chemical testing, the accuracy of officer’s testimony, credibility of the officer, the reliability of FSTs, and other factual issues. We will also present appropriate favorable evidence and testimony. The prosecutor cannot obtain a conviction unless he convinces all 12 jurors of your guilt based on the “beyond a reasonable doubt” standard. In the event of a conviction, the judge will impose a sentence.
If you have more specific concerns about the DUI court process based on the specific facts and circumstances of your case, we invite you to talk to one of the skilled and knowledgeable DUI defense attorneys at our Southern California law firm.