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California DUI, DWI BUI Attorney
What happens after a DUI arrest in California?
- Motor Vehicle Hearing:
To preserve your right to drive in California, you must request a
hearing within 10 days after your license has been taken from you by an officer
or within the time set by Department of Motor Vehicles in a revocation letter,
if the officer did not take your license.
A hearing must be initially scheduled
within the original 30 days, or the Department must allow you to drive while
your hearing date is pending.
If you had a valid license when stopped, you
are qualified for a temporary license to drive until the hearing. You will be
mailed a notice of the hearing about three weeks after your request. You can
plan on at least 45- 60 days of driving.
If you lose at the hearing, you
can not drive after the hearing. It is our opinion you may want to request the
officer's presence at the hearing. Crucial defenses can be developed at the
hearing.
- Arraignment:
This is the date on your ticket, about 30 days after your arrest. If you
have an attorney and are not on bond, and the case is a misdemeanor, not a
felony, you do not have to appear personally. It is primarily for advisement of rights. If
you have an attorney, he will advise you.
- Pre-trial Conference:
Your attorney will discuss your case with the District Attorney
and negotiate the best possible plea bargain, if this is what you want. It will
happen about 6 weeks after arraignment. This may, or may not be after the Motor
Vehicle Hearing. The dates are set by the Court and your attorney on his
calendar in one instance, and by the DMV and your lawyer in the other
instance.
- Suppression Hearing:
The Court may suppress some or all of the evidence against you if
your constitutional rights have been violated. Your attorney may file motions
to suppress. These motions may be heard anywhere between 2 weeks and 3 months
or more after the pre-trial conference.
- Trial:
Almost always a trial to a jury of 12 people. Trial must be
held within 45 days after your plea if you are out of custody, and within 30
days if you are in custody.
- Sentencing:
The Court imposes a sentence after a conviction at trial or after
a plea bargain is accepted and a plea entered. Sentences may include jail time,
in home detention, public service, alcohol classes and fines.
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Darryl W. Genis
Attorney At Law
3 West Carrillo
Suite 203
Santa Barbara California 93101
(805) 966-0812
California DUI / BUI Defense Attorney serving:
Santa Barbara, Ventura and San Luis Obispo
Since graduating from Southwestern University in 1980 Darryl W. Genis has been helping clients fight their drunk driving charges. His experience, professionalism and dedication to protecting his clients’ rights and freedom make him an excellent choice for your BUI / DUI attorney. |
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