Types of Drunk Driving Cases

A Criminal Court Case

Criminal: Stage One - The Arrest

• The DUI court process starts with the arrest.
• The police may observe signs of intoxication in the driver's physical appearance and/or erratic driving patterns, giving "probable cause," which is the legal basis for the arrest.
• Once arrested, a driver may be held in custody and must post bond to be released, unless released on his or her own recognizance, OR, meaning the accused will not have to post bail.
• Bond, otherwise known as bail, is like an insurance policy guaranteeing the driver's appearance at the next court date.
• The amount of bail is determined by a judge, based on the seriousness of the offense.
• California DUI arrestees are sometimes required to post bail, even where the offense is a misdemeanor DUI arrest.
• This is more likely to be the case where the DUI arrest includes a refusal to submit to chemical testing, where there is a blood or breath alcohol level (BAC) that is .15 or higher, or where there is an accident or injury involved.
• Felony DUI cases will certainly involve the posting of bail.
• DUI suspects are usually held for a number of hours and then released when the arresting agency is confident about the arrestee's state of sobriety.
• If held in custody, then a driver must be arraigned within 48 to 72 hours after the arrest, unless it occurs on a weekend, in which case it can be extended for one day.
• If the driver is not held in custody, the arraignment will be set at a later date.

Criminal: Stage Two - Arraignment

• At the arraignment, the judge will advise a driver of the pending charges, and the individual will be read his or her rights.
• The rights afforded to criminal defendants include the right to an attorney, the right to a jury trial, the right to confront witnesses, the right against self-incrimination, and the right to receive evidence to be used against the individual in the criminal proceeding.
• Also, at this time, a driver will be asked to enter a plea before the court.
• Possible pleas include not guilty, nolo contendere (no contest), or guilty.

Criminal: Stage Three - Notice of Suspension or Revocation

• The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the California Department of Motor Vehicles.
• The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results.
• If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
• If your officer issued you an order of Suspension and Temporary license then you may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.

• "Admin per se" refers to a relatively new procedure, administrative license suspension, in which a driver's license may be taken before conviction when a driver fails or refuses to take a chemical test for alcohol.
• As of 2004, 45 states including Washington, D.C. had administrative license suspension laws.
• In California a driver's license is suspended for four months on a first offense, and one year for a second offense.
• You have the right to request a DMV Administrative per se (APS) hearing within 10 days of receipt of the suspension or revocation order (including weekends and holidays).
• If a hearing is not requested within 10 days, the DMV will automatically begin the process of suspending the driver's license.
• If the review shows there is no basis for the suspension or revocation, the action will be set aside.
• You will be notified by the Department of Motor Vehicles in writing only if the suspension or revocation is set aside following the administrative review.
• The first possible outcome is that the DMV hearing officer can set aside the revocation, suspension or restriction of a driver's license. This means that the DMV case is over, and the driver is free to go to the Department of Motor Vehicles and obtain a duplicate license at no charge.
• The second possible outcome is an administrative per se action will be imposed.
• A driver who agreed to a chemical test charged with a first DUI faces a four month license suspension and the requirement to file formal proof of insurance (an SR-22) with the California Department of Motor Vehicles for the next three years.
• Although the driver may be entitled to a restricted license that allows travel to work and alcohol education classes, the restricted license cannot be obtained until the license has been fully suspended for one month.

• As of January 1999, a urine test is no longer available unless: - The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or - Both the blood or breath tests are not available, or - You are a hemophiliac, or - You are taking anticoagulant medication in conjunction with a heart condition.
• A driver who is 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:
• A first offense will result in a 4-month suspension.
• A second or subsequent offense within 10 years will result in a 1-year suspension.
• A third offense within 10 years will result in a 2-year suspension.
• A fourth offense within 10 years will result in a 3-year suspension.
• All drivers will have to file an SR-22 and enroll in and complete an alcohol education class that could last from 18 months for a second offense to 30 months for a third or fourth offense.
• A driver who is under 21 years of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
• If you were 21 years or older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:
• A first offense will result in a 1-year suspension.
• A second offense within 10 years will result in a 2-year revocation.
• A third or subsequent offense within 10 years will result in a 3-year revocation.
• If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:
• A first offense will result in a 1-year suspension.
• A second offense within 10 years will result in a 2-year revocation.
• A third or subsequent offense within 10 years will result in a 3-year revocation.