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There are two branches to a California DUI, including the DMV hearing and the criminal court process. These may run simultaneously and are entirely independent of one another. Fortunately, leading San Diego DUI attorney Michael J. Fremont can represent you in both of these.
1) The legal process associated with driving under the influence (DUI) begins with the initial arrest. A law enforcement officer will typically make an arrest for DUI after observing erratic driving behavior, outward signs of intoxication and poor field sobriety test performance. The driver will then be arrested and taken to the police station, where he or she will be asked to submit to a breath test or blood test to determine his or her blood alcohol concentration.
2) After a DUI arrest, a driver has only 10 days to contact the California Department of Motor Vehicles and schedule a DMV hearing to challenge the suspension of his or her driver's license.
The driver's first court appearance will be the arraignment, at which time the judge will inform the driver of his or her charges. The driver will also then enter a plea of guilty, not guilty, or no contest.
After the arraignment, a DUI defense lawyer can file pretrial motions to suppress evidence, or similar actions which be taken to build your defense. The prosecuting Attorney may also offer a driver a plea bargain at this time.
The final step in the DUI court process in San Diego, California is the trial. Depending on the particulars of the case, you may or may not have a jury trial. The court will hear both sides (prosecution and defense) and will then deliver a verdict and sentencing based upon all the evidence heard.
For the aggressive, dedicated legal representation you need through the entire DUI court process, contact San Diego DUI Lawyer Michael Fremont