Skip to main content

What to Except at Your First Court Date in California | DUI


If you are arrested for a crime, specifically a DUI in California, you will have your driver’s license taken and you will be issued a pink temporary driver’s license. You will also be issued a citation with a court date. This court date is your Arraignment Date in Superior Court which is your first court appearance. 

At this court hearing, you will be notified or “arraigned” of the charges that the District Attorney decides to file against you. This is important because the charges may be different than what you were originally cited for. For example, you may have been cited for a DUI, but in court you could be arraigned for VC 23152(a) Driving under the Influence; VC 23152(b) BAC over .08, and VC 23578 -Excessive blood Alcohol Level (if your BAC was really high); or VC 23578 –Refusal to submit to a Chemical Test. 

Typically, your first appearance can be very nerve-racking. However, you should keep in mind that your actual case will only take a few minutes once the judges calls the matter. You can also request that your attorney appears for you, so that you can avoid going to court. This is a case by case decision, so consult with your attorney beforehand. For more clarity on the Court process in your DUI case see the map I created below.


Comments

Popular posts from this blog

Blood Alcohol Level Chart in California. Learn How Many Drinks You Can Actually Have!

In California it is illegal to drive with your blood alcohol content being over at .08% or higher. *Remember the BAC for commercial vehicle drivers and under age drivers is much less. For the former it's .04% and for the latter it's .01%.  Please  reference the  table below to provide an estimate for you to learn more about how many drinks you can legally have before driving in California. *Chart is provided by the California Driver’s Safety Office of the DMV.

VC 14601.1(a). Driving on Suspended License (DUI) Consequences in California

VC 14601.1(a) Driving on a Suspended License . The majority of people convicted of a DUI offense in California will have to suffer a California Driver’s License Suspension. After said suspension, a person may very well still drive and ignore the license suspension law. If caught, a ticket will be issued for violation of California Vehicle Code 14601.1(a). This is essentially a traffic ticket that can be charged as a misdemeanor or an infraction. If it is charged as an infraction, the court hearing will be held in Traffic Court. However, if the case is charged as a misdemeanor the case will be prosecuted by the District Attorney in Criminal Court. To add, this violation usually will add 2 points to your DMV record.

Blood Evidence in DUI Cases in California

In California, DUI cases are now being solved with the used of blood evidence. DUI defense attorneys are now challenging blood evidence to help get cases thrown out of court. This is an exciting tactic for us defense attorneys to have in our arsenal! When blood evidence is taken at a DUI crime scene there are many ways that the test results can become compromised. When the blood evidence is compromised that evidence cannot be used in the case, and the prosecutions case becomes too thin. Success in DUI case dismissals can be gained from attacking blood evidence in court!