Understanding the DUI Process in California: What to Expect and How We Can Help
From Arrest to Trial: Navigating the DUI Process with Kersey Law by Your Side
If you’ve been arrested for a DUI in California, you’re likely feeling overwhelmed and unsure of what’s next. The legal process can be complex, but you don’t have to face it alone. At Kersey Law, we have years of experience guiding clients through every step of the DUI process, from arrest to resolution. With the right legal strategy, we can protect your rights, minimize the penalties, and help you move forward with your life.
Facing a DUI charge is daunting, but with our expertise and support, you can take control of your case and your future.
The DUI Process: Step-by-Step
Being arrested for a DUI in California sets off a legal process that can impact your freedom, finances, and driving privileges. Here’s a breakdown of each step in the DUI process
1. The Traffic Stop and Arrest
The DUI process often begins with a traffic stop. Law enforcement may pull you over if they suspect you’re driving under the influence, or if they observe a traffic violation such as speeding or erratic driving. During the stop, the officer may administer a field sobriety test or a breathalyzer to determine your blood alcohol concentration (BAC). If your BAC is over the legal limit or if you show signs of impairment, you’ll likely be arrested.
- Key Tip: It’s important to remain calm and exercise your right to remain silent. Anything you say during the stop can be used against you in court.
1. The Traffic Stop and Arrest
The DUI process often begins with a traffic stop. Law enforcement may pull you over if they suspect you’re driving under the influence, or if they observe a traffic violation such as speeding or erratic driving. During the stop, the officer may administer a field sobriety test or a breathalyzer to determine your blood alcohol concentration (BAC). If your BAC is over the legal limit or if you show signs of impairment, you’ll likely be arrested.
- Key Tip: It’s important to remain calm and exercise your right to remain silent. Anything you say during the stop can be used against you in court.
2. Booking and Chemical Testing
After the arrest, you’ll be taken to the police station for booking. This involves having your photo taken, fingerprints collected, and completing required paperwork. At this point, law enforcement may administer additional chemical tests, such as a blood or urine test, to further measure your BAC. These test results are critical to the prosecution’s case.
- Key Tip: Chemical test results can be challenged in court. Improper calibration or faulty administration of tests are common defense strategies.
3. DMV Hearing: Protecting Your License
Within 10 days of your arrest, you must request a hearing with the California DMV to challenge the automatic suspension of your driver’s license. If you don’t request this hearing, your license will be suspended regardless of the outcome of your criminal case. This hearing is separate from your criminal proceedings and focuses solely on your driving privileges.
At Kersey Law, we handle the DMV hearing for you, fighting to protect your license and keep you on the road.
4. Arraignment: Your First Court Appearance
Your first court appearance is the arraignment, where you’ll be formally charged with DUI. During the arraignment, you will enter a plea of guilty, not guilty, or no contest. This is also where the judge sets bail or decides if you can be released on your own recognizance.
- Key Tip: It’s critical to have an attorney by your side at the arraignment. We’ll advise you on the best plea to enter and ensure your rights are protected.
5. Pre-Trial Process: Negotiation and Discovery
During the pre-trial phase, your attorney will begin gathering evidence and reviewing the prosecution’s case against you. This includes analyzing the police report, examining the results of field sobriety and chemical tests, and looking for any procedural errors.
At this stage, your attorney may also negotiate with the prosecution to reduce the charges or seek alternative sentencing options, such as diversion programs or probation.
- Key Tip: A strong defense is built during this phase. At Kersey Law, we thoroughly investigate every aspect of your case to uncover any weaknesses in the prosecution’s evidence.
6. Plea Bargaining: Finding a Resolution
If the evidence against you is strong, your attorney may advise you to enter into plea negotiations. A plea bargain can result in reduced charges or lighter penalties, such as reduced fines, shorter probation periods, or avoiding jail time.
- Key Tip: While a plea deal can be beneficial, it’s not always the best option. We’ll weigh all factors and work to secure the best outcome for your situation, whether it’s a plea deal or taking the case to trial.
7. Trial: Fighting the Charges in Court
If your case proceeds to trial, the evidence will be presented before a judge or jury. The prosecution will argue their case, and your attorney will present a strong defense to challenge their evidence. At trial, your attorney can question the legality of the stop, the accuracy of chemical tests, and the reliability of witnesses.
At Kersey Law, we’re experienced trial attorneys who know how to fight DUI charges in court. We will aggressively defend your case, seeking a not guilty verdict or dismissal of charges.
8. Sentencing: Understanding the Consequences
If you’re convicted of DUI, the judge will determine your sentence. The penalties for DUI in California vary based on whether it’s your first offense or if you have prior DUI convictions. Sentencing may include fines, probation, jail time, DUI school, and the installation of an ignition interlock device.
At Kersey Law, we fight to minimize the penalties you face and explore alternatives to jail time, such as community service or rehabilitation programs.
Common DUI Defenses: How We Build a Strong Case
A felony DUI charge can feel like an uphill battle, but there are many defenses that can be employed to fight these charges. Our team of experienced attorneys will evaluate every aspect of your case to identify the best defense strategy. Common defenses include:
The moment you’re pulled over for a DUI, the clock starts ticking on your future. At Kersey Law, we know the pressure you’re under. Our team acts fast to protect your rights from the very first moment of contact with law enforcement, ensuring no mistakes are made that could damage your defense.
Featured Client Story
From Facing A Life Sentence to Freedom: A Criminal Defense Success Story by Jamahl Kersey
In the world of criminal defense, every case is a battle with high stakes, but some cases stand out for their complexity and the weight of the potential consequences. Today, I want to share the story of a young man who faced the possibility of spending the rest of his life in prison and how our dedicated team at Kersey Law helped him regain his freedom.
Your Future Matters
Let Us Help You Protect It
Your Future Matters
Let Us Help You Protect It
Featured Client Story
From Facing A Life Sentence to Freedom: A Criminal Defense Success Story by Jamahl Kersey
In the world of criminal defense, every case is a battle with high stakes, but some cases stand out for their complexity and the weight of the potential consequences. Today, I want to share the story of a young man who faced the possibility of spending the rest of his life in prison and how our dedicated team at Kersey Law helped him regain his freedom.
Your Future Matters
Let Us Help You Protect It
Your Future Matters
Let Us Help You Protect It
Why Hiring Kersey Law is Critical for Your DUI Case
Protecting Your Future Starts with the Right Legal Team
A DUI conviction can have long-lasting consequences, including license suspension, fines, higher insurance rates, and even jail time. At Kersey Law, we understand the serious impact a DUI can have on your personal and professional life, and we’re committed to defending your future.
Proven Strategies for Success
Our award-winning team has a proven track record of success in DUI defense. We use innovative legal strategies, thorough case preparation, and expert knowledge of California DUI law to achieve the best possible outcomes for our clients.
A DUI conviction can impact every aspect of your life. That’s why choosing the right attorney is critical. At Kersey Law, we’ve spent years perfecting our approach to DUI defense, using aggressive strategies and expert knowledge to protect your future.
Frequently Asked Questions About Felony DUIs
This section provides answers to common questions about the legal process, how a first-time DUI can affect your personal and professional life, and the crucial steps you can take to safeguard your driving privileges, your reputation, and your future.
After a DUI arrest, you will typically be taken to the police station for booking, which includes taking your fingerprints, photo, and conducting additional chemical tests (such as blood or urine tests). You’ll then be released, either on bail or your own recognizance. Shortly after, you will receive a notice of your court date and the 10-day deadline to request a DMV hearing to challenge the automatic suspension of your license.
You only have 10 days from the date of your DUI arrest to request a DMV hearing. If you miss this deadline, your license will be automatically suspended, regardless of the outcome of your court case. At Kersey Law, we handle the DMV hearing process for you, ensuring your driving privileges are protected.
Yes, you can still fight a DUI charge even if you failed a breathalyzer or blood test. These tests aren’t always accurate and can be challenged on multiple grounds, including faulty equipment, improper administration, or medical conditions that affect BAC results. At Kersey Law, we thoroughly investigate every aspect of the testing process to build a strong defense.
For a first-time DUI offense, you could face penalties including fines of up to $1,800, a license suspension of up to 6 months, mandatory DUI school, probation, and even jail time (ranging from 48 hours to 6 months). However, with skilled legal representation, it’s often possible to reduce these penalties or have charges dismissed.
Contact Kersey Law Today for a Strong Defense
If you’re facing a Felony DUI charge, your future is on the line, and you need an experienced attorney who can provide the defense you deserve. At Kersey Law, we have helped countless clients reduce or dismiss felony DUI charges, and we’re here to do the same for you.
Call us today at 619-329-8385 or fill out our online form for a free consultation. Let us fight for your rights and work to protect your future.
Why Kersey Law is the Right Choice for High-Stakes Criminal Defense
When everything is on the line, you need a legal team that will protect your future, fight tirelessly for the best outcome, and be by your side at every step.
How to Navigate and Overcome a DUI Charge in California
Explore the resources you need to strengthen your defense with Kersey Law. Visit our resource center to access educational videos, client success stories, and essential information to help you navigate the legal process and protect your driving privileges.
- Immediate Steps to Take If You’re Arrested While Holding a Professional License ↗
- How Criminal Charges Affect Your Professional License in California ↗
- When and How to Report Criminal Charges to Your Licensing Board ↗
- Understanding the Disciplinary Process for Licensed Professionals Facing Criminal Charges ↗
- Felony vs. Misdemeanor: How Different Charges Impact Your Professional License ↗
- Alternative Sentencing Options for Licensed Professionals ↗
- How Kersey Law Helps Licensed Professionals Keep Their Careers Intact After an Arrest ↗
- Appealing a Licensing Board’s Disciplinary Decision: What You Need to Know ↗
- Top Criminal Charges That Lead to License Suspensions in California ↗
- Preparing for a Licensing Board Hearing After Criminal Charges ↗
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Recent Client Victories and Case Highlights
Results may vary depending on your particular facts and legal circumstances.
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After a personal dispute escalated into serious legal allegations, the client was left feeling betrayed by both a former friend and their initial legal representation. Dissatisfied with the suggestion of a diversion program, the client sought out Kersey Law for a more aggressive defense. Through meticulous case review and strategic legal action, Kersey Law dismantled the false claims, leading to a full dismissal of all charges. This case underscores the importance of skilled legal representation when facing unfounded accusations. |
Charges Dropped |
August, 21th 2024 |
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When our client walked into our office, the stakes couldn’t have been higher. Charged with carjacking under Penal Code 215, with allegations of personal infliction of great bodily injury and the use of a knife, he faced an uphill battle. On top of that, four aggravating factors were in play, threatening to make him eligible for the maximum sentence of 16 years and 8 months in prison. Adding to the complexity, he had another case that could have added two more years if found guilty. |
Not Guilty |
July, 16th 2024 |
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As a criminal defense attorney, I often encounter cases that test the very fabric of justice. One such case involved a young male client facing serious charges, including attempted murder, shooting at an inhabited dwelling, and various firearm-related offenses. The severity of these charges meant that my client was looking at a potential life sentence, with an additional 20-year firearm enhancement, leading to a daunting prospect of over 30 years to life in prison. |
Reduced to Lesser Charges With Two Years of Probation |
December, 5th 2023 |
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