DUI Court Process in California


Protecting Your Rights in Bakersfield

There are two separate components of a DUI charge, the criminal charge and the DMV hearing. The criminal charge begins with your arrest. Law enforcement must observe erratic driving, speeding, or some other traffic violation that gives them “probable cause” before they can pull you over. If they suspect you are driving under the influence of drugs or alcohol, law enforcement can administer certain tests, such as field sobriety tests or a blood concentration test (BAC), which may be a breath test or a blood test. You can refuse to do the field sobriety tests and any onsite breath test, but if you refuse the “evidentiary” BAC test, you could have an automatic license suspension of one year. If the law enforcement officer thinks he has probable cause to believe you were over the legal limit of .08% or under the influence of alcohol or drugs, you will be arrested and charged with DUI. You will be processed and either released on your own recognizance or put in jail until a judge is available.

The second component to a DUI charge is the DMV hearing. This hearing is separate from the criminal case, and will determine whether your license will be suspended. Even if you are found not guilty in the criminal case, the DMV may still suspend your license. A DMV hearing must be scheduled within 10 days of your arrest. If it is not requested, you will automatically have your license suspended, even if your license is from a different state. An attorney can schedule and represent you at this hearing. Brehmer Law has a team of experienced attorneys who understand DMV hearings and can fight to keep your license from being suspended.

Representation During the Entire Process

The next step in the process is the arraignment. This is the hearing where you are formally charged and can enter a plea. It is strongly advised that you have an attorney represent you at your arraignment. If a bail amount is set, an attorney can argue to have it reduced or to be released on your own recognizance. In most cases, your will never need to even appear in court!

If you have entered a plea of “not guilty”, the defense now begins. All aspects of your case must be reviewed. Did you know that breathalyzer tests are notorious for incorrectly registering the BAC level? Did you know that even the state recognizes that Field Sobriety Tests are extremely unreliable? What was the probable cause that lead to your testing? These are the elements of your case that an experienced DUI attorney will explore.

At Brehmer Law, our attorneys are experts in all aspects of DUI defense and will fight aggressively in every possible area to defend you. If a trial is necessary, our experienced trial lawyers will go the distance in your case to ensure that your rights and future are protected.

Contact a Bakersfield DUI Attorney from Brehmer Law to defend you in any DUI charges.