The Chemical Test
After being arrested for DUI, the police officers will take the driver to the station for chemical testing. Recent updates in California DUI laws state that blood tests are performed instead of urine tests. Failure to complete a chemical test results in one year of driver’s license suspension.
The DMV Hearing
Drivers are given ten days to request a DMV hearing. This hearing will determine if the driver’s license is suspended or kept in good standing. Failure to request this hearing will mean an automatic suspension of the license after 30 days following the arrest. A lawyer can attend the hearing on your behalf if you need to work or have other obligations.
The next step on the list is attending a DUI court, where an arraignment is scheduled to plead the case. The driver can plead guilty or not guilty. After the initial arraignment, drivers will still have the option to enter a plea bargain depending on the case. At this stage, lawyers can negotiate with plea bargains for lower offenses that carry much lower penalties. This includes wet reckless driving, dry reckless driving or minor traffic infractions. You would need to sit with a lawyer to discuss the best option since some of these charges grant the driver probation and other sentencing over jail time.
The DUI driver will be sentenced to penalties relating to the crime in which they’re charged. In California, this could mean jail time, fines, DUI School, probation, or a combination of these penalties.
If you or someone you has been accused of a DUI, contact a dui defense attorney at (949) 250-6097. MacGregor and Collins will help to get the best outcome for your case.