California DUI Misdemeanor

California DUI offenses may be charged as either a misdemeanor or felony. The circumstances that may lead to a felony charge include: (1) causing bodily injury, (2) being arrested for a fourth DUI offense, (3) being arrested after having a prior DUI felony offense on your record. The difference between a misdemeanor and felony is the punishment—felony DUI is punishable by prison time.

If this is your first offense, chances are you are being charged with California DUI misdemeanor. However, even though the penalties are not as harsh as a felony offense, they are still life-altering. A first time offender may be sentenced to jail time, informal probation, fines, community service, and the loss of driving privileges.

A DUI arrest triggers two cases—one with the criminal court and one with the California Department of Motor Vehicles. Because of its complexity, it is important to hire an experienced DUI defense when dealing with the California court system.

If you are arrested and charged with DUI after failing or refusing to take a breath test, you have ten days to request a hearing with the DMV regarding your driver’s license. If you fail to contact the DMV by this time, any request for a hearing will be denied and your license will be automatically suspended. This is referred to as an administrative license suspension, and it may occur even before you are convicted of DUI.

There are several steps to the criminal proceeding. The first is arraignment. During arraignment, the judge will read the charges against you and ask how you plead. You may then enter a plea of “guilty,” “not guilty,” or “no contest.” Most cases do not go past the arraignment phase, as drivers are likely to simply plead guilty. However, it is important to speak with a DUI lawyer before entering a plea.

The next phase is the pre-trial motions. Your attorney may move to have certain evidence suppressed for the trial, or enter a discovery motion.

The last step in the criminal court proceedings is the trial itself. The prosecutor and defense attorney must first select the jury. The trial begins with the prosecution and defense’s opening statements. Next, the prosecution and defense examine and cross-examine the witnesses. The trial ends with closing arguments. The judge will then explain to the jury how to deliberate.

If the jury finds the defendant not guilty, the trial is over. However, if the jury finds the defendant guilty, the case goes on to the sentencing stage. The judge will determine the appropriate penalties and sentence the defendant.

For more information regarding California DUI misdemeanor, contact a San Diego DUI lawyer today.