A first-time DUI case could take anywhere from two to six months to conclude, depending on its complexity and the availability of legal representation.
The DMV hearing is scheduled four to six weeks after the request, and the individual is typically cited or freed three to four weeks after the arrest. You will not need to appear in court when charged with a misdemeanor DUI in California. Their lawyer will be present at all court dates, so they can save time with their families and at the office. The district attorney’s office will file the complaint during the initial court appearance and prosecute the defendants. The process of filing a complaint is often drawn out whenever blood test results have yet to be sent from the lab.
The district attorney may request more time to gather evidence during the initial hearing. Suppose the complaint is filed on the same day as the court appearance. In that case, the District Attorney will provide the defense attorney with a copy of the complaint, the police report, and any laboratory results. In most cases, lawyers advise their clients to enter a not-guilty plea. The next step is to ask the judge to set up a settlement conference in a few weeks.
After reviewing the police report and the client’s complaint, the attorney may request more discovery or evidence. Video or still images of a DUI arrest may be among these. Almost all CHP traffic stops are captured on dashcams. The video could be ordered if necessary. Photos, recordings, and videos can be copied, and we can even get copies of your Breathalyzer’s service and calibration logs. It’s also possible to have blood samples retested by a different, third-party lab. Together with the client, a Toronto DUI attorney will go over the details of the case and the police report to determine what legal options may be available.
The process of a DUI case
To prevent the administrative suspension of a client’s license, a DUI lawyer should immediately file a request for a hearing with the Department of Motor Vehicles. Similarly, the attorney should gather client information as soon as possible while the client’s recollection of the event remains fresh. Information regarding the client’s past and the circumstances surrounding the DUI stop will also be sought. Take your time acquiring this data.
First-time offenders in some counties will have to attend DUI school. You can choose between three and nine months. They risk losing their license for six months to a year if they refuse the chemical test. Offenders facing their first DUI charge can expect to spend anywhere from two to six months in county jail. The minimum punishment for a first-time DUI conviction is two months.
In most cases, a prison term could be served by participating in a work release program. Eight hours of labor for the county is equivalent to one day in jail. This is best done on the weekend or a day off. Additional sanctions include three years of informal court probation. They risk being hauled back to court and prosecuted with a new crime and probation violation if they engage in illegal behavior, such as driving without a license or insurance or while under the influence of alcohol.
Problems with DUI Cases
Accidents often make things worse in the end, even if nobody gets hurt. The prosecutor and the judge will be stricter. Refusing to take the chemical test could make matters even worse. Punishment heightens with elevated BAC levels.
In California, BACs over 0.15 are encouraged. If your BAC is over 0.20, you will experience an even more significant increase. If your BAC is around 0.20, the court and DMV will make you attend DUI school for nine months. Increased punishment for DUI with excessive speed. Drunk driving is hazardous in restricted areas like work zones and safety zones. Driving intoxicated with a child under 14 may be even more dangerous. You’ll likely be charged with endangering a kid as a misdemeanor or a crime. That offense carries more severe consequences and probation than a DUI.
For those under 21 years old, going a year without a license could result in harsher penalties. Naturally, if there were injuries, punishments would be increased.
- Deficiencies on the Part of the Consumer
Providing too much information to law enforcement is disastrous. Such tests can only be problematic if the subject gives more information about when and how much they drank. If you speak poorly of the police officer, that will appear in your report. Subsequently, wrong-field sobriety tests are also unacceptable.
Your lawyer has to know if you’ve been arrested or convicted of driving under the influence. A second DUI arrest within ten years in California is considered a second DUI. Prosecutors may discover your history of drunk driving, even if it’s been more than ten years, but they cannot charge you with a second DUI offense. If this is not the first DUI conviction, the consequences will be harsher, even if the previous one happened more than a decade ago.
- Refusing a Breathalyzer Test
If police in California suspect you of drunk driving, state law states that you must submit to a chemical, breath, or blood test. If you refuse the exam, the DMV will suspend your license for a year, two years, or three years. Unlike other DUI sanctions, you won’t have to choose between DUI school and keeping your appointment. If it’s a first-offense DUI and the driver rejects a chemical test, the court will mandate the nine-month DUI program. You’ll face harsher consequences if you refuse, including more time behind bars or community service.
- Police Try To Find
Law enforcement personnel are trained to recognize the symptoms of alcohol impairment. The police officer has been instructed to check for telltale indicators of mental distraction during conversations. Law enforcement officers are recommended to use their senses of sight, sound, and smell as they conduct field interviews with motorists. The eyes, the clothes, the voice, the admission of drinking, the strangeness or inconsistency of the answers, and the smell of alcohol are all considered. They are also instructed to interrupt the driver with inquiries to highlight their incapacity for multitasking. The police may demand identification documents, pose unexpected questions, or even interrupt. An officer may suspect intoxication if they see specific signs.
The common belief is that you can avoid legal consequences if you have a prescription and follow your doctor’s instructions. False. You were driving under the influence of any medication, even if prescribed. Precautions such as not driving or using heavy machinery are frequently found on medication packaging. Driving while under the influence of any drug is unlawful.