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Best DUI Resolution in the Beach Cities
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Here is the DUI PROCESS for the arrest and the court in a standard California DUI case.
The DUI STOP
The standard activity in the STOP is that the police pull over a vehicle for a minor traffic violation, usually an infraction. This violation gives the officer the legal right to have the vehicle stop at a safe location and give a traffic ticket to the driver. But if the police officer has a reasonable belief that the driver may be under the influence of alcohol or drugs, then the police officer may detain the driver and begin a DUI investigation. The exception to the STOP is if the vehicle is already stopped, for example due to a traffic accident, a sleeping driver, or the vehicle blocking of the road. Another exception is the roadside sobriety checkpoint, where vehicles are stopped momentarily. Whatever way the vehicle gets stopped, this is where the first step begins in the DUI process.
The DUI INVESTIGATION
Once alcohol or drug use is suspected, the police officer will begin the investigation to determine if the driver is driving under the influence of the alcohol or drugs (DUI). Notice that the driver need not be drunk, wasted or wiped out, only that the alcohol or drug use is influencing the driver's prudent ability to drive the vehicle. The officer may call a special police officer who is usually part of a DUI task force. These officers are trained in performing and reporting the DUI investigation. The officer may ask to look into the driver's eyes, make the driver perform sobriety exercises, and get a preliminary breath test. The officer will write down his "scoring" of these tests from this investigation. The officer will also note observations, as the driver's ability to follow directions, the driver's attitude and cooperation, the driver's speech, and if the driver had a flushed face or smelled of alcohol.
The DUI ARREST
If the officer concludes the driver is DUI, based on the totality of the investigation, then the driver will be arrested for DUI. The DUI investigation must give the officer "probable cause" to believe the driver is DUI. The driver is handcuffed and asked if a breath test or a blood test is preferred. Usually a blood test is taken at a nearby hospital, but the blood draw can also be taken by a qualified person at the police station. The breath test is usually taken at the police station, with a machine commonly called the breathalyzer machine. If the driver refuses to perform either test, then this is known as a DUI Refusal, which is punished more severely than a standard DUI. Once the driver is in custody and are subject to custodial interrogation, then the police will usually read the Constitutional rights, commonly called the Miranda rights.
The DUI BOOKING
After being arrested for DUI, the driver is taken to the local police station. The driver is searched, questioned, fingerprinted, photographed and put into a cell. A senior police officer will determine the bail, or decide that the driver can be released without posting bail and the driver usually spends about 6 hours in the cell before being released. A phone call is allowed to a bail bonds company or to a friend or family to provide the bail. But if bail is set, and the driver cannot post the bail, then the driver will go to court on the next business day.
The DUI ARRAIGNMENT
This is the driver's first court appearance in front of the judge. Generally either the driver or the driver's attorney may appear. If you are charged with a misdemeanor DUI, then your attorney may represent you in court, and you do not need appear in court at arraignment. The official written DUI charges are presented to the driver or the attorney, along with a copy of the police reports. This is where you plead guilty, no contest or not guilty. The not guilty plea would now get a new court date.
The DUI PRETRIAL
Pretrial dates are court dates where your attorney will negotiate the merits and defenses with the prosecutor. These dates are where face to face and potentially long negotiations occur between the DUI defense attorney and the prosecutor. It is also the date where a case status update is given to the judge. Motion hearings may also be scheduled on these pretrial dates. If your attorney reached an agreement with the prosecutor, known as a plea bargain, then a final court date is scheduled where the plea bargain (sentencing) will be finalized. If an agreement cannot be reached, then the case is set for trial.
The DUI TRIAL
The attorneys and the judge will select 12 jurors to hear your DUI case. Both the prosecutor and defense attorney will present evidence and make arguments. The jurors then discuss the evidence and arguments in private, and decide if the driver is either guilty or not guilty. All jurors must be convinced beyond a reasonable doubt that the driver is guilty of the DUI. Disclaimer - The information contained in this website is provided as a service to the community, and does not constitute legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of information contained herein. Legal advice must be tailed to specific circumstances of each case. As laws are constantly changing, nothing provided herein should be used as a substitute of advice from competent councel. Torrance DUI, Torrance DUI Attorney, Torrance DUI Lawyer, Torrance Defense Attorney, Torrance Defense Lawyer, DUI in Torrance, Hermosa Beach DUI, Hermosa Beach DUI Attorney, Hermosa Beach DUI Lawyer, Lawyer Hermosa Beach DUI, Hermosa Beach Defense Attorney, Hermosa Beach Defense Lawyer, DUI in Hermosa Beach, Redondo Beach DUI, DUI Redondo Beach, Redondo Beach DUI Attorney, Redondo Beach DUI Lawyer, Redondo Beach Defense Attorney, Redondo Beach Defense Lawyer, DUI in Redondo Beach. We are criminal defense lawyers serving Torrance, Redondo Beach, Hermosa Beach, Manhattan Beach, Rancho Palos Verdes, Rolling Hills, Long Beach, Lomita, Hawthorne, LAX, Gardena, and all surronding cities.DUI ATTORNEY, DUI PROCESS, DUI DMV HEARING, DO I NEED A LAWYER, DUI ALCOHOL TESTS |
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