The Arraignment Phase in an Orange County DUI
This is the first stage of the DUI criminal court process. At the arraignment, the judge will explain your constitutional rights and read the charges that have been filed against you. The prosecutor will then make recommendations as to whether or not bail should be required. Motions by either side may also be filed at this time. The judge will then ask you or your Orange County DUI attorney to enter a plea (guilty, not guilty, or no contest). In a number of cases, following the arraignment, your Orange County DUI attorney and the prosecutor may negotiate a plea agreement to settle the case. If a plea agreement is not arranged, then the case will proceed to trial.
Note that if you are charged with a misdemeanor DUI, our Orange County DUI attorneys may appear on your behalf at this hearing so that you don’t have too.
Orange County DUI Pre-Trial Conference
In a misdemeanor DUI case, the next step in the criminal court process is a pre-trial conference. Basic evidence is presented at this time and the judge determines whether or not the case should move forward. In addition, your Orange County DUI lawyer may file discovery motions at this time, asking the prosecution to provide maintenance and calibration records of any breath testing devices used, information about the arresting police officer’s qualifications and training, names and addresses of any witnesses, etc. Other motions such as Motions to Suppress Evidence and Motions to Dismiss may also be filed.
From this point to the time an actual trial is scheduled may be anywhere from just a few weeks to up to several months. During this period of time, both sides will be gathering evidence.
The Orange County DUI Trial
The next step in the Orange County DUI criminal court process is the trial. An Orange County DUI trial may be held in front of (a) a judge or (b) a judge and jury. At the start of an Orange County DUI jury trial, both the prosecution and the defense participate in selecting a jury. Once the jury is selected, the Orange County DUI trial begins. Opening statements are given by the prosecutor and your Orange County DUI attorney. Both sides examine and cross-examine witnesses and present evidence. Once both sides have finished, each makes a closing argument.
Throughout the Orange County DUI trial, the prosecutor will be attempting to prove that you were in fact “driving a vehicle,” were intoxicated, and/or did violate California’s Per Se laws. If the prosecutor is unable to prove that you were in fact guilty “beyond a reasonable doubt,” then the court or jury should rule that you are not guilty. Following closing arguments, the judge will instruct the jury on how to apply the facts of your DUI case to the law and jury deliberation will begin. If all jurors are unable to agree on a unanimous verdict, then the trial ends in what is known as a hung jury. If this happens, it is a form of success for the defense because many prosecutors will decide not to refile charges and have a new trial, or the prosecutor will sometimes offer a favorable plea agreement. If, however, you are found guilty, then the judge will decide on the appropriate penalties to impose.
Orange County DUI Sentencing
Once a DUI defendant is found guilty, the sentencing phase of the Orange County DUI criminal court process begins. At this time, your Orange County DUI attorney may present evidence and ask that court to impose minimal or alternative sentencing.
Alternative Sentencing in an Orange County DUI Case
In many instances, Orange County judges will agree to sentencing alternatives in lieu of sentencing a convicted DUI offender to jail. The most common sentencing alternatives include:
- Probation (with or without community service)
- Admittance into an alcohol or drug rehab program
- Admittance into a sober-living program
- Electronic monitoring
- City jail rather than prison
- Work furloughs
While it can take a while for the entire Orange County DUI criminal court process to be completed, it is important to understand that sometimes this time is necessary in order to obtain the best possible resolution for you. As highly-skilled Orange County DUI lawyers, we will devise strategies and create the best possible defenses in order to ensure that your rights are protected and that you obtain the best possible verdict.
We offer free online Orange County DUI case evaluations. Contact us today for yours!