DUI Hearing

The first stage of your California DUI hearing process is your DUI arraignment. This is where the county prosecutor issues your first offer. The offer is the court sentence the prosecutor recommends in the event that you plead guilty to the proposed DUI charges.

The first opportunity to plead guilty, not guilty, or “no contest” to your DUI charges is at the arraignment. If you plead guilty, you will be sentenced, and (with the exception of fulfilling your probation terms), your DUI case will be closed.

If you plead not guilty, you or your DUI attorney will be entitled to review and dispute the evidence provided by the prosecution. This may include copies of the police report and chemical testing instrument(s) maintenance records of the instruments that were used to measure your blood alcohol.

Sometimes negotiations take place during this DUI arraignment but more likely they will be more involved during the pre-trial phase of the DUI hearing process.

DMV Court Hearing

When you’re at the DMV hearing, we have the chance to explain why you need your driver’s license and why it doesn’t need to be suspended in the first place. Some of the ways we can do this include:

• Showing the arresting office didn’t have reasonable cause for believing you were driving while under the influence
• You had a blood alcohol content (BAC) of less than .08 when you were arrested
• You weren’t made aware that refusing to do the Breathalyzer test, urine or blood test will lead to an automatic suspension of your license.
• If acquitted of your charges in the criminal charges, you may get your license back.
• If the judge approves a suspended license, you could keep your limited driving privileges.