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What to Expect in California Court Processing in the Event of DUI Arrest

July 27, 2010
Author: Chris M. Alexander

Being arrested for DUI is a frightening experience. However, knowing what to expect eases the fear in the unfortunate event of an arrest. So, what happens?

• First there is the actual arrest. All a police needs in the state of California is “probable cause” that a driver may be driving under the influence.
• Secondly, a driver may be held in custody and would need to post bond in order to be released. A judge determines if DWI offender may post bond and how much. This bond, or otherwise known as “bail,” is much like a guarantee that the driver will show up in court.
• If a driver is held, he must be arraigned within 2 to 3 days. If a driver is not held (in custody), then the arraignment can be set at a later time.
• Next is the arraignment, in which the judge explains the pending charges against the driver. The driver is given the right to an attorney, the right of trial by jury, and the right to get evidence used in the proceedings. At this time, the driver can enter a plea of “Not guilty” or “Guilty.”
• After that are pretrial motions. These are usually heard at the arraignment. Usual motions are to suppress evidence, discovery motions, and motions to dismiss.
• Not necessarily a step, but definitely an option is the plea bargain. This is where the driver is given a choice to plead guilty to a lesser charge.
• The last stage of the court process is the trial. When a date is set, it is stated as a “0 to 10 date,” which means the driver’s right to a speedy trial is not violated if the trial begins within 10 days of the trial date. So, if a trial is not held within that time period, the case must be dismissed. Say for instance, if the trial date lands on the weekend or a holiday, the next court day is used instead.
• An important part of the trial is jury selection. This allows the defendant to access prospective jurors and determine if they are qualified to serve for this trial. It is normal for prospective jurors to be excused for a “just cause.” Once the jury is selected, the trial commences.
• Once the trial begins, both the prosecution and defense give their opening statements. They examine witnesses, and, lastly, the judge instructs the jury on how to apply the laws to the given case.
• Lastly is jury deliberation. This is when the jury decides the outcome of the case, but it is the judge who decides the punishment based on a Guilty or Not guilty verdict.

Tags: DWI Arrest, DWI cases

This entry was posted on Tuesday, July 27th, 2010 at 12:38 am and is filed under DWI Laws, DWI cases . You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.