Being arrested for driving under the influence (DUI) may be an overwhelming and unexpected experience for you. There are two separate phases in the examination of a DUI case: DMV hearing and court proceeding. Nonetheless the DMV hearing and criminal courtroom proceeding are considered to be absolutely different and separate, and a ”win” during the DMV hearing does not replace automatically the court proceeding. However, the prosecutor can be confident that he has enough strong evidence in order to charge you with a DUI in the trial. The first instance examining your case will be the municipal court of the county where the person was arrested.
Drivers who are arrested for a DUI should be read their rights at the time the arrest is taking place. These rights are known as the “ Miranda Warning.” The Miranda Warning is based on the U.S. Supreme court’s decision, Miranda vs. Arizona. However, the failure to read a suspect the Miranda Warning may cause any statements made by the suspect inadmissible in court.
Following a California DUI arrest, , the officer will transport you to a hospital, police station or jail for taking fingerprints and measure alcohol level in blood through a blood or breath. After completing these actions, the officer sends a written report to the District Attorney’s office for the evaluation of the case. Basing on the seriousness of the offense judge decides whether held in custody, post bailing order to be released or release on the driver’s own recognizance.
If the driver is held in custody, the arraignment will occur from 42 to 72 hour period after arrest or up to 96 hour if the arrest occurs on a weekend. At the arraignment, the judge should inform the suspected about his or her constitutional rights and charges which can be applied for the offense. The suspected driver should enter a plea before the court whether he/she recognizes himself or herself :
– “guilty”. In this case, the driver will get the penalty and, consequently, the case will be closed.
– “not guilty”. In this case, the pre-trial phase is going to start.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. If you have faced accusations of DUI, it is essential to contact an experienced California defense attorney who is will provide legal assistance. We handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.
You may file your request online, by telephone or by mail. 818-553-1000