DUI Criminal Case
The DUI criminal case process begins once a person has been placed under arrest for driving under influence. A person can be placed under arrest for DUI if law enforcement has sufficient probable cause that the person was operating a motor vehicle while impaired by drugs and/or alcohol. Open containers, a blood alcohol concentration of 0.08% or higher, and/or failure of field sobriety tests are all grounds for sufficient probable cause and can lead to the person’s arrest.
Once the person has been placed under arrest, he/she will be escorted to the district police station. While under police custody, the person will be asked to take a blood alcohol test and will also be booked for DUI charges. Within 48-72 hours of the person’s arrest, the person must be arraigned. During the arraignment, the person will enter a plea of “guilty”, “not guilty”, or “no contest”. The person will be read his/her rights and the judge will inform the person of all pending criminal charges.
Prior to the arraignment, it is advisable that the person seek representation from an experienced DUI defense attorney. A DUI lawyer can guide the person throughout the DUI criminal process and defend the person in court. A DUI defense attorney can also negotiate with prosecutors after the arraignment to have the person’s criminal charges reduced and/or dismissed.
After the arraignment, both the defendant and the prosecutor may submit pre-trial motions. Pre-trial motions can be submitted to suppress evidence, for the discovery of evidence, and to dismiss the case entirely. At this time, both the prosecutor and defendant’s lawyer can further negotiate, and come to a mutually agreed upon outcome. If the prosecutor and defendant’s lawyer do not come to an agreement, the case will proceed to trial. However, the majority of DUI cases do not proceed to trial.
Orange County DUI Defense Lawyers
Coffey & Coffey – Attorneys at Law
If you have been charged with driving under the influence in Orange County, you will need to hire an attorney who can protect your constitutional rights and defend you both in and out of court. At Coffey & Coffey, our experienced DUI attorneys have helped countless clients throughout Orange County and surrounding areas fight their DUI charges. We are skilled attorneys who strive to provide each of our clients with exceptional legal representation and advice.
The DUI lawyers at Coffey & Coffey represent clients in Orange County, including Fullerton, Santa Ana, Laguna Niguel, Westminster, and Newport Beach.