The Criminal Case
California driving under the influence (DUI) arrests usually initiate two separate cases. The first DUI case is the DUI criminal case, defended in the San Francisco Superior Court. The second DUI case is the
Department of Motor Vehicles license suspension case which is defended at a DMV Hearing. The California criminal case procedures are highly technical. For that reason, any person arrested for driving under the influence should be represented by a qualified DUI lawyer with specialized experience in DUI defense.
By understanding your legal rights, a person accused of DUI can eliminate confusion and errors which are commonly made by inexperienced attorneys and people who are not represented. If you have questions regarding the criminal case, you should speak with a DUI lawyer who specializes in this area of the law. A DUI criminal defense attorney will inform you of your rights and options throughout the process.
The Phases of the Criminal Process
The San Francisco DUI criminal case begins when a person is stopped by a San Francisco Police Officer, California Highway Patrol Officer, or other law enforcement officer for suspicion of driving under the influence. San Francisco Police and California Highway Patrol Officers must have a reasonable suspicion or probable cause for making the traffic stop. During the traffic stop, law enforcement will have the driver pull off the freeway or to the side of the road. The officer may ask the driver questions, but the driver has the right to refuse to answer incriminating questions. A DUI stop and investigation is not the same as a DUI arrest.
Before the officer can make a DUI arrest, he or she must have probable cause. Probable cause is reasonable belief that the person committed a crime. When a person is placed under arrest, he or she has constitutional rights, which are very important to understand. Every person who is arrested has the right to remain
silent and the
right to have an attorney.
Law enforcement must read Miranda Rights to each person they arrest if they ask post arrest questions regarding the offense. Miranda Rights inform the person of the right to remain silent and the right to an attorney. Miranda Rights do not have to be read until a person is taken into police custody.
After a DUI arrest, the driver is taken to the police station or County Jail for booking. During the booking process, the driver is fingerprinted, photographed, and asked his or her name and date of birth. Personal property is also removed and stored away from the person.
Shortly after a driver has been arrested for driving under the influence in San Francisco, criminal charges will be filed by the San Francisco District Attorney with the San Francisco Superior Court. The filing of the criminal charges by the District Attorney actually initiates the criminal case, not the arrest. The first appearance in court is called an Arraignment.The purpose of the Arraignment if for the identification of the arrested person's attorney, the receipt of Discovery (police and lab reports) from the District Attorney, the the entry of a plea of Not Guilty, Guilty, or No Contest, and the setting of future court dates. At the Arraignment, the Judge will either set release terms which may include attending
Alcoholic Anonymous meetings, require bail or remand the accused into custody.
After the Arraignment, the case will progress to a Pretrial conference. In San Francisco, a Pretrial conference is a settlement conference involving the District Attorney, the Judge and the attorney for the person who is accused of driving under the influence. Pretrial conferences are conducted fifteen (15) to forty-five (45) days after the Arraignment.
California criminal offenses punishable by six (6) or more months of jail time are entitled to be decided by a jury. Most San Francisco DUI cases do not proceed to Trial. If a person is found Guilty after Trial, he or she will be Sentenced by the judge. A person found guilty has the right to Appeal the decision. In California misdemeanor cases, a person must file a Notice of Appeal within thirty (30) days after conviction or sentencing.
San Francisco DUI Attorney
If you have been arrested for DUI in San Francisco, deciding to hire a qualified DUI attorney is the most important decision you will make. A qualified attorney will protect your rights, inform you of your legal options, investigate the circumstances surrounding the arrest, and question law enforcement officers and other witnesses. An experienced DUI attorney can also provide the resources and aggressive defense you will need to successfully defend your DUI charges.
Robert Tayac has been helping people charged with DUI in San Francisco for over a decade. He has the education, training, and specialized experience to defend your driving under the influence case. When you work with Robert Tayac, you will know that you have hired a knowledgeable and trustworthy DUI defense lawyer, who will guide you through the criminal and DMV process.
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Contact the Law Office of Robert Tayac for your free case evaluation!