California DUI Trial Process

A dedicated DUI defense attorney wants to make your case as easy on you as possible. That’s why we’ve taken the time to put together a synopsis of the trial process so that you know what to expect should your DUI case make it to trial.

Long before a DUI case goes to trial, the judge will have you appear in court so that he or she may read the charge against you. This is the arraignment process. Once the charge has been read, the judge will ask you to enter a plea, to which you will respond either “guilty” or “not guilty.” Unless your attorney advises otherwise, you’ll want to plead not guilty. Arraignment is also when the judge decides to either release you on your own recognizance (meaning that you understand you must appear in court when requested), or a bail amount will be set for you. The judge will ask you if you have an attorney and if you don’t, a public defender will be appointed to represent you. Finally, the prosecution will give your attorney copies of the evidence they plan to bring against you and the judge will set a date for pre-trial motions and trial.

During the preliminary hearing, your defense attorney will have had time to review the evidence the prosecution has against you. Any weaknesses in their case could result in a plea bargain (negotiation) between the prosecution and the defense. If a plea bargain does not pertain to your case, the judge will decide whether or not the prosecution has enough evidence against you to convince a jury at trial that you were DUI.

At the pre-trial motions, your attorney will have worked very hard to find a legal reason why the prosecution should not be allowed to provide the court with evidence against you. For example, if there was no probable cause or the police never read you your Miranda rights, certain evidence such as your BAC test results can be suppressed.

If your case makes it to trial, a jury will be selected and the prosecution and your attorney will make opening statements. A trial may include witness testimonies, cross-examination and motions by your attorney to have the charge against you dismissed. Once the jury has read its verdict, you will either be cleared of the charge or will be required to return to court at a later date for sentencing.