DUI Process

The DUI process is very intimidating and scary. My objective when working with my clients is to keep them well-informed and secure throughout the process, which is generally broken into three phases:

• Arrest
• DMV Hearing
• Court Proceedings

Arrest

If you have experienced a DUI arrest, you know how frightening the situation can be. Most arrests begin when an officer suspects that you are intoxicated. The officer may suspect you are intoxicated if you are:

• swerving
• weaving
• crossing into the wrong lanes
• making illegal turns
• speeding

After seeing this behavior, the officer will signal for you to pull over. Once you pull over, the officer will look for “symptoms of intoxication” such as:

• the smell of alcohol on your breath
• bloodshot eyes
• slurred speech
• open containers

If these symptoms are evident, the officer will ask you to step out of your vehicle. You will then be requested to perform a series of Field Sobriety Tests.

You may also have to blow into a handheld Preliminary Alcohol Screening (PAS) device. This device is used to gage a person’s blood alcohol level. If the driver fails the Field Sobriety Tests and the PAS results are unsatisfactory, the officer will place the driver under arrest for driving under the influence. After the arrest, the driver is brought to the police station for further blood and/or breath testing.

If the driver’s Blood Alcohol Concentration test has a result of .08% or higher, the driver will be charged with 2 misdemeanor offense. First, the driver will be charged with Driving Under the Influence of Alcohol and then the driver will be charged with Driving With an Excessive BAC. If there is an accident involved that causes injury to a third party, whether that person is inside the driver’s vehicle or outside of it, it will be considered a felony offense.

The DMV Hearing

The DMV license suspension process starts after you are arrested. After your arrest, the officer will confiscate your license and serve you with an order of suspension. The officer will then complete a form entitled “Officer’s Statement-Admin Per Se.” This document details the facts surrounding your case from the officer’s point of view. It will detail the officer’s observations of your driving, probable cause, and your breath test results. The form is then signed under oath by the officer, and sometimes the breath machine operator, before it is turned over to the DMV.

You have 10 days to contact the DMV and request a hearing to contest your DUI license suspension. If not, your license will automatically become suspended after the 30 days elapse.

The hearing generally takes place in a small room with the hearing officer, who is an employee of the Department of Motor Vehicles. This individual serves as both a prosecutor and a judge. The hearing officer will present the DMV’s case, and they will cross-examine the client and defense witnesses. The hearing officer will also decide which evidence is admissible. The issues the hearing officer must investigate and the defense must challenge are:

• Were you, in fact, driving the motor vehicle?
• Did the officer have enough probable cause to pull you over and arrest you?
• Was your arrest lawful?
• Did you, in fact, have a blood alcohol concentration of .08% or higher?

After all of this is taken into consideration, the hearing officer will decide who has won the case. If the DMV wins the case, your license will be suspended for approximately 4 months (longer for repeat offenders). You can convert the suspension to a license restriction, which will allow you to drive to and from work, following the first month of the suspension. If you win the case, your license will be reinstated.

The DUI Court Proceedings

Most DUI cases involve several court appearances. If you decide to seek the help of a DUI lawyer, they may make the appearances for you. The first court appearance is called the “arraignment”. This appearance allows your DUI defense attorney to receive all investigation reports from the prosecutor. Your attorney will then enter a plea of “not guilty” on your behalf.

Following the arraignment is a series of pre-trials. During the pre-trials, the judge, prosecutor, and your lawyer will try to negotiate a resolution for your case. Your attorney will use this time to investigate your case, visit the scene of your arrest, and look into the maintenance and administration of the BAC equipment. All of these things must be done to establish a solid defense that will allow you to win your case. Hiring an attorney can help you get your charges reduced or even dismissed. At the end of court proceedings, there are three conclusions:

• Your DUI charges will be dismissed.
• A plea will be entered either to the DUI charges or to a reduced charge.
• Your DUI case will proceed to a jury trial.

Contact us about your Los Angeles DUI today!