Anatomy of a DUI Case:

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Differs a bit between a misdemeanor and a felony. 

 

Misdemeanor is DUI 1st, 2nd or 3rd Offense within 10 years (no injuries to others), 

 

A Felony is a 4th or more DUI within 10 years or any DUI with an injury or any DUI within 10 years of a prior felony DUI conviction within 10 years (arrest date to arrest date determines the 10 year period).

 

Misdemeanors:

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The driver may and frequently is represented by the attorney in the driver’s absence for most court dates.

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Driver is detained– usually a traffic stop for a vehicle code violation and sometimes a contact before or after driving.  An officer only has powers of detention (to keep you from leaving pending an investigation), when he/she has reasonable suspicion that a crime has occurred, is occurring or is about to occur.

 

Driver is arrested– Once an officer has the driver perform field coordination tests, if impairment evidence exists, the officer then arrests the driver for DUI.

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Arraignment– This is the first court date, which is located on the bottom of your ticket (notice to appear).  This proceeding is to enter a plea of either guilty/no contest or not guilty.  If guilty or no contest, then sentencing follows.  If not guilty then the case gets a new court date called a pretrial.

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Pre-trial– there can be one or more pre-trial court dates in a DUI case.  This is where motions to dismiss and plea negotiations with the prosecutor occur. If a motion to dismiss is argued and won, the case is thrown out (dismissed), if not then the defense attorney negotiates the case to mitigate the charge and penalty with the prosecutor (a deal to settle the case, while protecting the client from excessive penalties). If a deal is struck, then a guilty or no contest plea is taken to the negotiated settlement and the client is sentenced by the judge.  If not, then the case may be set for a jury or court trial.

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Trial– If no motion to dismiss the case exists and if no deal to settle the case is made with the prosecutor, then the case has only one way to go and that is a trial.  A trial can be with a Judge as the only trier of fact and law (if both parties agree);  But, most cases are jury trials.  In either type of trial, evidence is presented through testimony, video, audio and scientific evidence.  Once the prosecutor provides proof beyond reasonable doubt, the burden to rebut that proof falls onto the driver and his/her attorney.  The verdict must be unanimous guilty or not guilty.  Anything else is a mistrial and if the prosecutor so desires, he/she may re-try the case if the judge gives permission to do so.

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Sentencing– The end of the case in chief.  Either from a plea bargain with the prosecutor or in the event of a lost trial, this is the penalty phase of the case.  The judge tells the client what the client must do to satisfy the court.  There are a wide range of penalties with DUI that hinge on many factors. Jail is always a potential in misdemeanor cases, but not State Prison as that penalty is reserved for felony cases (see below).

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Felonies– By law, the client must attend every court date with his/her attorney. This is the more serious offense.

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Driver is detained– usually a traffic stop for a vehicle code violation and sometimes a contact before or after driving.  An officer only has powers of detention (to keep you from leaving pending an investigation), when he/she has reasonable suspicion that a crime has occurred, is occurring or is about to occur. 

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Driver is arrested– Once an officer has the driver perform field coordination tests, if impairment evidence exists, the officer then arrests the driver for DUI.

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Arraignment #1– This is the first court date, which is located on the bottom of your ticket (notice to appear).  This proceeding is to enter a plea of either guilty/no contest or not guilty.  If guilty or no contest, then sentencing follows.  If not guilty then the case gets a new court date called a pretrial.

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Preliminary Hearing– this is a hearing just for felonies.  It is designed to make sure that the prosecutor can prove that a crime occurred, that the driver committed the crime and that the crime occurred in the county where the court sits.  If yes to all three, then the judge holds the driver to answer to a jury.  If any of the answers is no or if there is a successfully argued dismissal issue, then the case or individual charges are dismissed.

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Arraignment #2– If the driver is ‘held to answer,’ then he/she must be arraigned again in front of a different judge. If guilty or no contest plea is elected by the driver, then sentencing follows.  If not guilty plea is entered, then the case progresses to pretrial negotiations with the Judge and/or prosecutor.

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Pre-trial– same as misdemeanor pre-trial as described above.

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Trial– same as misdemeanor pre-trial as described above.

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Probation Report– in felony cases, if the driver makes a plea agreement with the prosecutor or loses a trial, the Judge does not sentence him/her right away as what usually occurs in a misdemeanor case.  Instead, the driver is interviewed by the probation department for a sentencing recommendation. On the next court date the judge reads the probation report and may or may not consider it in the sentencing.

 

Sentencing– This is the same as a misdemeanor described above, with the exception of the severity of the potential penalties.  Felonies almost always involve a decision whether to send the driver to State Prison  and if so, for how long or in some situations probation is granted and County jail is the alternative to State Prison.