DUI Defense Stages

DUI Stages

***It is CRITICAL to note that unless you request WITHIN TEN DAYS a DMV Administrative Per Se (APS) hearing, to contest the matter, the DMV will automatically suspend your driver’s license***

DMV Hearing

The DMV hearing is an excellent opportunity to examine and object to evidence which is against  you. This may including the police report, chain of custody; specifically any blood samples taken (if it was taken), lab reports, etc.  In addition, at this stage we can serve subpoenas to compel the appearance of specific individuals with documents or other evidence which the DMV won’t posses.

This evidence may include video of the stop and roadside interview, if such recordings exist; the police officers notes, logs and transport records; any video or audio recordings made at the police station; and any usage logs, maintenance and repair reports, and downloaded data for any machine used to test the breath. Again, this is a great opportunity to look for defects in the evidence. If you hire us, there is no need for you to attend the APS hearing.  In fact, we typically prefer our clients not to attend, as hearing officers are often skilled in eliciting damaging admissions from drivers.

The Arraignment

The Arraignment is the first opportunity to actually see the formal document that the District Attorney’s office files in court when it accuses someone of a DUI. A great part of hiring us is that for a DUI, it isnt typically necessary for our clients to appear personally in court because we appear on your behalf.

Plea Bargaining

The good news is that Plea bargaining can happen at any point in the DUI process after a defendant is charged. Specifically, we will be working on getting the case dismissed or charges reduced eatly on. If a plea is reached, a defendant will plead “no contest,” possibly to lesser charges, in return for a more lenient sentence than would have applied originally.

The possible deal we can reach for your will be based on examined evidence and the discovery which we conduct. Examples of things we will bring up to the District Attorney are breathalyzer machine records, investigating conditions that may have caused a false BAC reading, investigating technical defects in case and etc…

Pretrial Hearing

There is typically a Pretrial Hearing  30-90 days after the arraignment.  During this time we conduct our investigation and discovery regarding your case.

It is at this hearing that a lot of the negotiating is done to either get the charges reduced or dismissed. At this hearing your attorney will have one on one discussions with a District Attorney. There may be several of these hearings before the case progresses, or is dismissed.

Depending on what we find in our investigations, at this point we may file motions to suppress evidence (among other motions which may help the case).

The Trial

If the case is not resolved in the PreTrial stage, then we will move to a trial. At trial, the prosecutor has the burden to prove beyond a reasonable doubt that you committed the crimes charge. We will challenge these theories, and will attempt to create some reasonable doubt as to whether you committed the crimes charged.