DUI Court Case
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The prospect of facing a Bay Area DUI charge in court is understandably nerve-racking for many accused drunk drivers, particularly if it’s your first encounter with the criminal justice system. However, having a better understanding of the criminal court process can help you prepare to defend your drunk driving charge. Having an experienced Bay Area DUI attorney at your side through every step of the process will also go a long way toward easing your worries.
In order to convict you of a Bay Area DUI charge, the prosecutor must prove every element of the offense of drunk driving beyond a reasonable doubt. Fortunately, there are many viable defenses that your Bay Area DUI lawyer can employ to weaken the prosecutor’s case against you and protect you from the substantial consequences of a drunk driving charge.
Bay Area DUI arrests can be charged as misdemeanors or felonies, depending on the facts of the case. In general, first-, second-, and third-time California DUI arrests are charged as misdemeanors if they don’t involve accident or injury. Bay Area DUI involving injury, death, or instances where the individual has had three or more drunk driving convictions within the past 10 years are typically charged as felonies. Certain California DUI offenses fall into a third category called “wobblers” – offenses that can be charged as either misdemeanors or felonies, although prosecutors often opt to charge them as felonies.
The primary difference between misdemeanors and felonies is the potential punishment – misdemeanor offenses are generally punishable by up to a year in county jail, while felonies can be punished with a year or more in state prison. Each type of offense has its own court process, although they share many similarities.
The court process for both misdemeanor and felony DUI offenses begins with an arraignment, where you will be asked to enter a plea of not guilty, guilty or no contest.
Felony DUI cases then proceed to the preliminary hearing stage, where a judge determines whether or not there is enough evidence to allow the case to go forward beyond the preliminary hearing. Preliminary hearings are like mini-trials, except they take place only in front of a judge; there is no jury present. However, just like a trial, live witnesses are called in to testify, and that is why this is a critical phase for the defense in a Bay Area DUI case. Because there are no depositions in criminal trials, so it’s your defense lawyer’s only opportunity to cross-examine the arresting officer before your case goes to trial. During this process, your attorney can gain valuable information that will contribute considerably to your defense. Also, the judge presiding over the preliminary hearing has the power to reduce certain felony cases to misdemeanors, thereby dramatically reducing the amount of punishment you face.
Once the preliminary hearing concludes, the judge will determine whether there is enough evidence to allow your felony Bay Area DUI case to go forward to trial. Although there is a lower standard of proof in preliminary hearings than in trials, the process isn’t automatic – in some cases the judge determines that there is not enough evidence to carry the case forward to trial.
After the preliminary hearing in a felony DUI case or the arraignment in a misdemeanor case, both types of cases go into the pretrial phase. Both the prosecutor and your defense lawyer can submit pretrial motions at your arraignment or during this phase of the court process. Motions are simply formal requests to the court to take a particular action. Pretrial motions are a powerful weapon in the hands of a skilled Bay Area defense lawyer. Pretrial motions are designed to improve your prospects at trial and can even result in your case being dismissed. Common pretrial motions in Bay Area DUI cases include motions to suppress improperly obtained evidence, motions to obtain additional information through discovery, or what’s known as a
Pitchess motion – a request to gain access to a police officer’s personnel file to determine whether others have complained about dishonesty, excessive force, or racial bias.
Once the pretrial phase is complete, the prosecutor will likely extend a settlement offer. If it’s an acceptable offer, your case will come to an end. If a favorable plea bargain cannot be negotiated, your Bay Area DUI lawyer will prepare to take your case to trial.
Bay Area DUI trials begin with jury selection. Once a jury is selected, both the prosecutor and your defense lawyer will give opening statements. Then both sides will present evidence and call witnesses. If you took a chemical test to determine your BAC, the prosecutor will call an “expert” to testify – typically an analyst from the crime lab. The prosecutor will also call the law enforcement officers who were involved in your DUI investigation or arrest to testify. These witnesses both present excellent opportunities during cross-examination for your Bay Area DUI attorney to weaken the prosecutor’s case against you and dilute the effectiveness of the evidence against you.
Once all of the witnesses have been examined and cross-examined and all of the evidence has been presented, both sides will deliver closing arguments and the jury will leave the courtroom to deliberate. If all 12 jurors find that the prosecutor has proven your guilt in every element of the offense beyond a reasonable doubt, you’ll be convicted. If all 12 agree that the prosecutor didn’t meet that burden of proof, you’ll be acquitted. If the jurors cannot reach a unanimous decision, the judge will eventually conclude that the jury is hung and will declare a mistrial. This is actually an enormous victory for the defense, because the prosecutor may not opt for a retrial and your Bay Area DUI charge may be dismissed. Or, a mistrial could result in an extremely favorable settlement of your Bay Area DUI case.
Again, the court process in a drunk driving case can be daunting, but fortunately your Bay Area DUI attorney will be with you every step of the way to explain the process and ease your worries. The experienced Bay Area DUI attorneys of The Kavinoky Law Firm are here to help you navigate your drunk driving court case. Contact a skilled Bay Area DUI lawyer today at
800.617.2934 for a free consultation.