WHAT HAPPENS AFTER A CALIFORNIA DUI ARREST

December 17, 2019
In California, after a DUI case, the arresting officer prepares a police report and submits it to the prosecutor, who then drafts a complaint and files it with the Superior Court.  Although some agencies do direct filing, most will rely on the prosecutor to review and file the criminal case against an individual suspected of a DUI.  Usually, the arrested person is not given the police report until the day he is scheduled to come to court.  On the day of the arrest, the arresting officer will also hand you a citation, commonly known as “a ticket”, with a day of the appearance in the Superior Court and the location of the Courthouse.

The prosecutor who files the criminal DUI complaint will typically file two separate charges, a violation of California Vehicle Code section 23152(a) and a violation of California Vehicle Code section 23152(b).   A violation of California Vehicle Code section 23152(a), otherwise known, as generic DUI, accuses the defendant of driving when a person is under the influence of a drug or alcohol.

A violation of California Vehicle Code section 23152(b), otherwise knows, as 0.08% BAC, accuses the defendant of driving with blood alcohol level of 0.08% or more.  First appearance in the Superior Court is called an “arraignment”, during which the defendant can be given a copy of the complaint and the police report.  In California, defendants have the right to have a trial on a misdemeanor case within 45 days of the arraignment as long as they are not in custody, and within 30 days if they are in custody.

Most cases, however, do not go to trial within the 45 days and instead are continued between 90 days to several months and until the prosecutor and the defendant are able to get ready for trial or until they can work out a plea bargaining deal.  Between the arraignment and the trial, the criminal case might have several court dates, each of them called a “pretrial”.  During pretrial hearings, experienced DUI defense attorney Los Angeles tries to negotiate the best possible deal for his clients and tries to set up his case for trial.  Also, experienced DUI defense lawyers will file motions for dismissal or discovery and get confirmations on a proper procedure used by the police in investigating the case and measuring the blood alcohol content.

Los Angeles DUI Attorney Andryuschenko:
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