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What to Expect in Your Bakersfield DUI Case
An arrest for a DUI can be quite intimidating. Quick thinking an early steps taken to
defend the charges can often mean the difference between a conviction for drunk
driving and a dismissed or reduced charge. The guiding hand of an experienced
DUI Attorney can be priceless. Today, a DUI can stay on your driving record for a
minimum of ten years with legislation in the works to extend that to a lifetime.
The biggest problem associated with an arrest for driving under the influence in
today's Internet age is the misinformation that comes from friends and casual
acquaintances about what to do and how to handle the matter. It must be
understood that a DUI is a serious criminal charge that can have long lasting
consequences. Do not take the advice of lay persons, consult a Bakersfield DUI
Lawyer who can take the time to understand your particular case and draw up a
plan to minimize the ramifications and potential sentence.
Questions abound for the average person. To begin with what needs to be done
about my driver's license? First, an Administrative DMV hearing must be
requested no more than 10 calendar days after the arrest. The best way to
approach this aspect of the case is to let a DUI Attorney make the formal demand,
for two reasons. One, the lawyer can request all associated documents and
reports (called discovery). Second, the attorney knows the procedures to get an
unbiased, fair hearing officer. This is crucial in order to get a fair hearing and just
outcome. Thereafter, the case proceeds to the Superior Court.
The Criminal Court Process
When you were released after the arrest you were likely issued a paper (either a
ticket or a formal notice to appear with an O.R. release) containing information
about the Court date in the case. This initial court appearance is called the
arraignment. The legal purpose of the arraignment is to enter a “not guilty” or a
"guilty" plea. If a not guilty plea is made, which is typically the case, then a second
Court date is calendared. This next court date is sometimes referred to as a
"pretrial" hearing. In many cases the attorney may not enter any plea at all, and just
postpone the arraignment until a future date. Both approaches achieve the same
result which is to acquire a continuance in order to properly prepare and investigate
the facts of the criminal case. In Bakersfield Superior Court once the client is
arraigned the case is transferred to a different courtroom for future appearances.
In the interim, the lawyer will request all pertinent discovery in the case, including all
police reports and documentary evidence prepared by the agency that made the
arrest. If the case includes a blood or urine test, the attorney may request a Judge's
order commanding that the sample to be sent out for independent testing by a
private laboratory. Upon receipt of the biological sample, the lab will verify the
alcohol concentration of the blood or urine and perform tests for proper levels of
required preservatives. The validity of the toxicology results is a important part of
the case and must be ascertained.
The time between the initial Court appearance and the second court date will allow
an opportunity for counsel to meet and confer with the Deputy Kern County District
Attorney assigned to the case, review the case for possibility of settlement, and in
many instances get a plea-bargain offer. Due in large part to busy court calendars,
it is very typical for a Bakersfield DUI case to have a many continuances. Not only
is this customary, in most cases a delay in the proceedings almost always benefits
the client.
In most criminal drunk driving cases the attorneys will often file various motions with
the court. A motion is a formal request to a judge seeking an order for something to
be done. Examples of typical motions in a DUI case are Penal Code section
1538.5 motions to suppress evidence, motions to dismiss for constitutional rights
violations, and orders directing the government to turn over information or other
evidence. Most motions are sought and litigated without the client's involvement;
others may necessitate that the client be in Court. Anytime the defense attorney
files a motion that requires the defendant to be in court the law firm will give the
client plenty of notice so that arrangements can be made for you to be present and
participate in the proceedings.
During the pretrial court process, the D.A. will usually make an offer for a resolution
to the case. This offer may be an opportunity to plead to a lesser charge, such as
reckless driving, or may simply be a negotiation about the consequences to be
imposed if you admit to driving under the influence. Because every case is unique,
what may be a very favorable disposition in one case may not be in another. The
defense attorney will always investigate and research the particular circumstances
of your DUI case with you to assist you in deciding whether to accept or reject the D.
A's offer to settle.
When an offer to settle is accepted, this will bring an end to the case. Common
types of plea bargains include being placed on probation for a period of time (as
short as one year or as long as five years, depending upon the circumstances of
the case), as well as the imposition of a variety of terms and conditions of
probation. Typical terms and conditions include paying a fine, taking educational
courses (DUI classes), or having a restricted driver’s license. The terms and
conditions of probation vary widely, as they will reflect the plea-bargain that is
unique to your DUI case. Should no resolution be reached, the case will proceed to
trial.
A DUI arrest in Bakersfield or other areas of Kern County should not be handled
without the help of an experienced attorney. Call the office directly and ask for a
personal and confidential consultation about your case.
defend the charges can often mean the difference between a conviction for drunk
driving and a dismissed or reduced charge. The guiding hand of an experienced
DUI Attorney can be priceless. Today, a DUI can stay on your driving record for a
minimum of ten years with legislation in the works to extend that to a lifetime.
The biggest problem associated with an arrest for driving under the influence in
today's Internet age is the misinformation that comes from friends and casual
acquaintances about what to do and how to handle the matter. It must be
understood that a DUI is a serious criminal charge that can have long lasting
consequences. Do not take the advice of lay persons, consult a Bakersfield DUI
Lawyer who can take the time to understand your particular case and draw up a
plan to minimize the ramifications and potential sentence.
Questions abound for the average person. To begin with what needs to be done
about my driver's license? First, an Administrative DMV hearing must be
requested no more than 10 calendar days after the arrest. The best way to
approach this aspect of the case is to let a DUI Attorney make the formal demand,
for two reasons. One, the lawyer can request all associated documents and
reports (called discovery). Second, the attorney knows the procedures to get an
unbiased, fair hearing officer. This is crucial in order to get a fair hearing and just
outcome. Thereafter, the case proceeds to the Superior Court.
The Criminal Court Process
When you were released after the arrest you were likely issued a paper (either a
ticket or a formal notice to appear with an O.R. release) containing information
about the Court date in the case. This initial court appearance is called the
arraignment. The legal purpose of the arraignment is to enter a “not guilty” or a
"guilty" plea. If a not guilty plea is made, which is typically the case, then a second
Court date is calendared. This next court date is sometimes referred to as a
"pretrial" hearing. In many cases the attorney may not enter any plea at all, and just
postpone the arraignment until a future date. Both approaches achieve the same
result which is to acquire a continuance in order to properly prepare and investigate
the facts of the criminal case. In Bakersfield Superior Court once the client is
arraigned the case is transferred to a different courtroom for future appearances.
In the interim, the lawyer will request all pertinent discovery in the case, including all
police reports and documentary evidence prepared by the agency that made the
arrest. If the case includes a blood or urine test, the attorney may request a Judge's
order commanding that the sample to be sent out for independent testing by a
private laboratory. Upon receipt of the biological sample, the lab will verify the
alcohol concentration of the blood or urine and perform tests for proper levels of
required preservatives. The validity of the toxicology results is a important part of
the case and must be ascertained.
The time between the initial Court appearance and the second court date will allow
an opportunity for counsel to meet and confer with the Deputy Kern County District
Attorney assigned to the case, review the case for possibility of settlement, and in
many instances get a plea-bargain offer. Due in large part to busy court calendars,
it is very typical for a Bakersfield DUI case to have a many continuances. Not only
is this customary, in most cases a delay in the proceedings almost always benefits
the client.
In most criminal drunk driving cases the attorneys will often file various motions with
the court. A motion is a formal request to a judge seeking an order for something to
be done. Examples of typical motions in a DUI case are Penal Code section
1538.5 motions to suppress evidence, motions to dismiss for constitutional rights
violations, and orders directing the government to turn over information or other
evidence. Most motions are sought and litigated without the client's involvement;
others may necessitate that the client be in Court. Anytime the defense attorney
files a motion that requires the defendant to be in court the law firm will give the
client plenty of notice so that arrangements can be made for you to be present and
participate in the proceedings.
During the pretrial court process, the D.A. will usually make an offer for a resolution
to the case. This offer may be an opportunity to plead to a lesser charge, such as
reckless driving, or may simply be a negotiation about the consequences to be
imposed if you admit to driving under the influence. Because every case is unique,
what may be a very favorable disposition in one case may not be in another. The
defense attorney will always investigate and research the particular circumstances
of your DUI case with you to assist you in deciding whether to accept or reject the D.
A's offer to settle.
When an offer to settle is accepted, this will bring an end to the case. Common
types of plea bargains include being placed on probation for a period of time (as
short as one year or as long as five years, depending upon the circumstances of
the case), as well as the imposition of a variety of terms and conditions of
probation. Typical terms and conditions include paying a fine, taking educational
courses (DUI classes), or having a restricted driver’s license. The terms and
conditions of probation vary widely, as they will reflect the plea-bargain that is
unique to your DUI case. Should no resolution be reached, the case will proceed to
trial.
A DUI arrest in Bakersfield or other areas of Kern County should not be handled
without the help of an experienced attorney. Call the office directly and ask for a
personal and confidential consultation about your case.
