Attorney Peter Liss Can Represent You Through Every Step of Your Case
After a DUI arrest, the legal process moves quickly. You may face arraignments, pretrial hearings, negotiations, and even a trial — all while dealing with a separate DMV case that affects your license. Understanding what to expect can help reduce your anxiety and get control of your situation.
Most defendants do not go through every step of a criminal case. While every case is prepared as if it will go to trial, most DUI cases are resolved through plea bargains. Hiring an experienced attorney, like Peter Liss, early can dramatically affect your outcome.
What Happens After a DUI Arrest?
Depending on the circumstances of your DUI traffic stop and arrest, you may be:
- Given a misdemeanor citation and allowed to leave immediately.
- Booked at the local sheriff’s or police station before being released.
- Locked in the Vista or Downtown San Diego jail and required to post bail.
Those who are released will be given a court date for arraignment, while those who cannot afford bail will need to remain in jail until then.
You can explore a more detailed look at the full criminal court process in California on this page.
The DMV Administrative Hearing
DUIs are unique because they involve both the DMV and the criminal court, which operate independently of one another. If you successfully fight your license suspension with the DMV, it will not affect your criminal case —and vice versa.
If you wish to contest your license suspension at the DMV, you have 10 days from the date of arrest to request a hearing; otherwise, the suspension will be automatically enacted after 30 days. The length of the suspension will vary depending on the specifics of your case. In misdemeanor cases, DMV hearings are often held before arraignment.
Hiring an attorney as soon as possible can give you your best opportunity to challenge these charges by:
- Filing a hearing request.
- Obtaining a stay (hold) for your license suspension if the hearing is scheduled more than 30 days after your arrest.
- Reviewing the state’s evidence.
- Disputing the facts of the case, including the officer’s testimony or test results.
- Presenting evidence to support your defense.
These hearings are highly technical and operate differently from court trials. They are presided over by a DMV Safety Officer, not a judge, and are based on a preponderance of evidence rather than guilt beyond a reasonable doubt. Even if you win at the hearing, you will still face criminal charges, and a conviction may still result in a license suspension. If you lose at the hearing, you may still be able to get back on the road with a restricted license.
Regardless of the outcome, the hearing can provide your attorney with valuable insight into your DUI case to strengthen your criminal defense.
Learn more about challenging your license suspension on our dedicated DMV hearing page.
The DUI Criminal Court Process
“The judicial process used in San Diego courts involves many hearings and court dates, starting with the arraignment and culminating in the sentencing hearing,” explains attorney Liss. “Your lawyer will guide and represent you through these stages.”The length of the process varies based on whether you are charged with a felony or a misdemeanor. Agreeing to a DUI plea bargain can shorten the court process timeline. Plea negotiations with the San Diego District Attorney can take place at any point. If no plea bargain is reached, your case may include the following steps:
The Arraignment
The first court appearance after a DUI arrest is the arraignment, where the charges against you will be formally read. If you are still in custody, the arraignment will take place within three business days. Otherwise, it will be scheduled within a week for those charged with a felony, and within a month for those facing misdemeanor charges.
At the arraignment, you will be asked to enter a plea of guilty or not guilty. If you are still in custody, your attorney may seek to have your bail reduced or to have you released on your own recognizance. Lastly, the judge will work with the defense and prosecution to schedule the readiness conference and, if you are charged with a felony, the preliminary hearing.
In most misdemeanor cases, your lawyer can appear at the arraignment on your behalf so you can avoid taking time off work.
Discovery
Discovery is the process by which the defense and prosecution share and then review evidence. In a DUI case, this means your attorney will have the opportunity to review the police report, officer bodycam footage, and DUI test results to develop a strong defense strategy. If circumstances warrant it, he may even bring in outside experts to review the materials to look for inconsistencies in the crash report or hire an outside lab to independently test your blood sample.
Pretrial Motions
After reviewing the evidence, your attorney may begin to file pretrial motions to dismiss the DUI charges, suppress evidence, exclude evidence, release evidence (such as a vehicle in a case involving a collision), change venue, and more. Many of these motions help strengthen defenses based on illegal traffic stops or faulty breath or blood tests.
One unique pretrial motion in California is the Pitchess Motion, which allows lawyers to request more information about the arresting officer, which may be useful in DUI cases where your defense is based on civil rights violations.
“While it is rare for judges in San Diego DUI cases to completely dismiss charges or suppress critical evidence, such as chemical test results,” notes Liss, “filing these motions can help increase your attorney’s leverage in plea negotiations.”
Learn more about pretrial motions here.
The Readiness Conference
At the readiness conference, your attorney and the prosecutor will present the judge with information they wish to be considered. The defense will typically attempt to have the charges reduced or dismissed, or to have the sentence lessened.
While your lawyer and the prosecution may attempt to negotiate a plea bargain throughout the DUI trial process, the readiness conference is often where these deals are finalized. Judges expect both sides to be fully prepared to proceed to trial at this stage, which increases pressure to resolve the case.
When cases are not resolved at this point, those facing misdemeanors may go to trial, and those charged with felonies must attend a preliminary hearing.
The Preliminary Hearing (Felonies Only)
If you are charged with a felony DUI related to injury, death, or a 4th or subsequent offense in 10 years, you must attend a preliminary hearing. During this hearing, the prosecution must prove to the judge that there is probable cause for you to be charged with a felony. This is a much lower burden than proof beyond a reasonable doubt required at trial.
While it is not a trial, the defense and prosecution may present evidence and cross-examine witnesses. What happens at a preliminary court hearing can often provide a lot of insight into how the actual DUI trial will proceed, though it is impossible to predict how a jury will vote.
If the judge is not fully convinced of the charge’s severity and the offense is a wobbler, they may reduce it to a misdemeanor. If the offense is only chargeable as a felony, they can only demand that the defendant be “held to answer” or that the charges be dismissed. If the case moves forward, it can still be resolved through a plea bargain until the trial is completed.
You can waive your right to this hearing if you choose. However, it can be useful for evaluating the strength of the prosecution’s case, and locking the officer into sworn testimony they cannot change later.
The Trial
While it is rare for DUI cases to make it all the way to trial, it is the part of the criminal process people are most familiar with. Trials always follow the same procedural order: If the jury cannot reach a consensus, it results in a hung jury, which could lead to the charges being dropped, the prosecution retrying the case, or a new round of plea negotiations with greater leverage.
The Sentencing Hearing
Whether you were found guilty in a trial or agreed to a plea bargain, your DUI case will be resolved at the sentencing hearing. In cases that went to trial, the judge will determine the sentence based on the law and the circumstances of the crime.
If sentencing was agreed to as part of a plea deal, the judge still needs to review the terms. In rare cases, they may overturn the plea bargain.
To learn about what specific sentencing you may face, review our DUI penalties page here.
Do You Have to Appear in Court?
“Most people accused of DUI in San Diego County are charged with misdemeanors,” says Liss. “As a result, they can have their attorney appear on their behalf throughout the entire court process.” However, if you have been accused of a felony, you will be required to appear in person.
When Do DUI Cases Get Resolved?
Unless you’re one of the rare defendants who take their case all the way to trial, your case could be resolved at any time during the court process. Some of the most common times for pleas to be resolved are:
- After charges are announced at the arraignment.
- After your lawyer has an opportunity to review the evidence he received in discovery.
- When the defense and prosecution present information to the judge during the readiness conference.
- In felony cases, after a judge allows charges to move forward following a preliminary hearing.
- Just before the trial.
- After a hung jury has been announced.
Learn more about plea bargains here.
How Long Does the DUI Court Process Take?
Every case is unique, so there’s no one-size-fits-all solution. “Most misdemeanor DUI cases are over within 3 to 6 months, though complicated cases that go to trial could take as long as a year to resolve,” says Liss. Felony cases can move quickly if a plea bargain is made, but usually last between 6 months and a year, though they could go on longer in some cases.
Why Having a DUI Lawyer Matters at Every Stage
A skilled DUI defense attorney is critical in helping you fight the charges, from the arraignment to the trial to the sentencing hearing. The earlier you obtain legal representation, the more options may be available to you. As your lawyer, Peter Liss can:
- Help to reduce your bail or get you released on your own recognizance.
- Seek to reduce or dismiss the charges early on.
- Obtain evidence to support your defense.
- File motions to benefit your case.
- Negotiate with the District Attorney to secure the strongest possible plea bargain.
- Challenge the prosecution’s evidence and present evidence on your behalf.
- Work to minimize your sentencing.
With over 40 years of experience helping DUI clients throughout Vista and San Diego County, Peter Liss has the experience required to walk you through the entire court process. If you have been accused of driving under the influence, please call (760) 643-4050 to start building your strongest defense.
Frequently Asked Questions About the California DUI Court Process
How Many Court Dates do I Have to Attend if I Was Charged With a DUI?
It varies. If you are charged with a misdemeanor, you are usually not required to attend any court dates, as your lawyer may attend them on your behalf. Those facing felony DUI charges must attend the arraignment, readiness conference, preliminary hearing, trial, and sentencing hearing. However, those charged with felonies can avoid many court dates by agreeing to a plea bargain.
Can DUI Charges be Dismissed?
Yes. However, it is rare for all charges to be dismissed unless there is very little evidence or grave civil rights violations occurred. More commonly, prosecutors will agree to drop some charges in plea bargains if the defendant agrees to plead guilty to others.
