Being arrested for a DUI in California can be a daunting experience, with a complex legal process. Understanding the steps involved and knowing what to expect can help you navigate this challenging time. This blog post will outline the various stages of the California DUI process, shedding light on what to expect from arrest to sentencing.
The Arrest and Booking Process
The DUI process in California usually begins with a traffic stop by law enforcement officers based on suspicion of driving under the influence. After the stop, if the officer believes there is probable cause, they will arrest the individual on suspicion of DUI. Following the arrest, the defendant will be taken to the police station to book, record personal information, and take fingerprints and photographs.
The DMV Hearing
After a DUI arrest, the accused has only ten days to request a DMV hearing. This hearing is crucial because it determines whether the defendant's driving privileges will be suspended. At Alan Castillo - Attorney at Law, we understand the importance of DMV hearings and work tirelessly to represent our client's interests during this administrative process.
Pre-Trial Motions and Negotiations
During the pre-trial phase, our skilled DUI defense attorneys will thoroughly review the evidence against our clients, including police reports, witness statements, and relevant video footage. We will file pre-trial motions to challenge any improperly obtained evidence or constitutional violations. Additionally, we will negotiate with the prosecution to secure reduced charges or alternative sentencing options whenever possible.
The case will proceed to trial if a plea agreement cannot be reached. Our dedicated legal team at Alan Castillo - Attorney at Law, is well-versed in courtroom proceedings, and we will aggressively defend our client's rights before a judge and jury. Our objective is always to obtain an acquittal or reduce the charges to minimize the impact on our clients' lives.
Sentencing and Penalties
The court will proceed with sentencing if the defendant is found guilty or pleads guilty. The penalties for DUI convictions in California can vary based on prior offenses, blood alcohol concentration (BAC) level, and aggravating circumstances. Possible penalties may include fines, probation, DUI school attendance, community service, or incarceration.
In some cases, the court may offer probation instead of or in addition to other penalties. DUI probation typically involves:
- Complying with specific conditions, such as attending counseling.
- Abstaining from alcohol or drugs.
- Submitting to regular drug and alcohol testing.
At Alan Castillo - Attorney at Law, we assist our clients in understanding and adhering to the terms of their probation to avoid further legal complications.
Expungement and Record Sealing
After serving a sentence, individuals with a DUI conviction may seek to have their records expunged or sealed. Our legal team can help clients explore the possibility of expungement to move forward with a clean slate, giving them better prospects for employment and housing.
Facing a DUI charge in California can be a challenging experience. However, with the skilled and compassionate legal representation of Alan Castillo - Attorney at Law, clients can confidently navigate the DUI process. From arrest to sentencing, our team protects our clients' rights, fights for their best interests, and achieves the most favorable outcome for their cases.
Contact Alan Castillo - Attorney at Law, today to schedule a consultation, and let us guide you through this challenging process!