DUI Procedures

If you’ve been accused of a DUI in San Diego, you’re probably full of questions about what happens next.  What steps will you have to take?  What can you expect from your in-court appearances?  Here’s the rundown on San Diego DUI procedures.

First of all, you need to understand that your DUI proceedings will take place in two venues – the Department of Motor Vehicles and the court.  Just because you’ve completed your obligations in court doesn’t mean you’ve satisfied your DMV requirements; you will need to schedule an administrative hearing process with the DMV within just 10 days of your arrest.  

The first step in San Diego DUI procedures is the arrest itself.  You will be taken to jail and asked to post bond or wait until you are released.  Depending on whether you are held or not, you will be expected to appear at an arraignment set by the court.  This is your first formal court appearance and involves speaking with a judge to find out your charges, your legal rights, and set the dates for your trial.  During your arraignment hearing, you will be asked to enter a plea – guilty, not guilty, or no contest (nolo contendere).  

Next, the discovery process begins.  During this time, your San Diego drunk driving defense attorney will gather all possible evidence in your defense, filing motions and requesting applicable reports and documentation from the prosecution.  This is a vital time in the execution of your DUI case because the evidence gathered during discovery could mean the difference between jail time and license suspension and a reduced or even dropped charge.  Plea bargains are also generally offered during this pre-trial discovery period.  

If you are not offered a plea bargain, your case will go to trial.  After the jury is selected, evidence will be brought both for and against you.  Expect statements, examination and cross-examination of witnesses, jury deliberation, and a verdict at your trial, which could last for days.  If you are found innocent, you will walk free.  If not, sentencing is the next phase of San Diego DUI procedures.  Sentencing will vary depending on the verdict and the severity of the DUI.  

Given the complexity of San Diego DUI procedures and the importance of adhering to the proper procedures in and out of court, it is strongly recommended that you arm yourself with a competent and experienced criminal defense attorney to help you with the San Diego DUI process.  Stephen Brodsky understands how stressful and confusing a DUI process can be.  He specializes solely in criminal defense, bringing over two decades of experience to the table and providing exemplary customer service to his happy clients.  Have you been accused of DUI?  You don’t have time to waver.  Contact Stephen Brodsky today for more information and a free, confidential case consultation.