The DUI process can be confusing and scary if you don't know what to expect. In this video, DUI attorney Joshua Kaizuka explains what happens when you go to court for a DUI charge. To learn more about the Sacramento DUI process, visit www.kaizukalaw.com To learn about what happens during the DUI Arrest, visit • What happens when you ...
To learn about what happens after you're arrested for a DUI, visit • What happens after you...
Transcript
We talked about the arrest and we also talked about why it's important to get that DMV hearing and why an attorney's important to get the DMV stuff rolling. Now we're talking about what happens in court and the court process itself. The first court date is what's called an arraignment, and that's when a court proceeding actually formally starts. Now depending on what the reason for the stop was, what your blood alcohol level was, in some counties, it's actually possible to see if the DA's office will not file any charges. Again, that's one of the reasons that you want an attorney.
Sometimes on a close call where blood alcohol level's maybe a little lower than a 0.08, in some counties, attorneys have the ability to contact the DA that's reviewing the case and see if they can convince him to not file a case. Let's say that a case is filed. If things have been done properly and you got the DMV hearing set, like I said before, you may know, and probably will know, with the help of your attorney more about the case than the DA. Typically, the first arraignment date, especially if it's a misdemeanor. Attorneys, private attorneys can appear on your behalf and you do not need to be there.
If, for some reason, it's a felony case, you do need to be there. A good attorney will tell you whether you need to be there or not. Some possibilities on what happens in court. There's negotiations that can take place. You can ask for, your attorney can ask for more discovery from the DA. If there's something that was not available through the DMV hearing process, and if there's issues as to the legality of the stop or some seizure of the evidence, such as blood or breath or anything else, it's possible to try to file a motion to dismiss for an illegal seizure of evidence, which also includes the reason for the stop.
You can discuss that with your lawyer after getting all the evidence. Now if it's a close call, let's say for example your blood alcohol is less than a 0.1, and the stop was lawful and you'd be looking at typically a first time DUI conviction. An attorney has the ability to discuss with a DA a way to maybe mitigate the case. Something that's better than a standard DUI conviction under Vehicle Code Section 23.152. Those things can range from maybe a dry reckless, which is not considered an alcohol-related violation, a wet reckless, which is a compromise. It's still considered an alcohol-related conviction but it's less fines, no jail time, the DUI classes can be less than the standard, which could be three, six, or nine months, and sometimes if you have all your ducks in line, low blood alcohol, there's issues with evidence or whatever, maybe even a dismissal.
That's another possibility. In worst case scenarios where there's an impasse, the DA's not willing to negotiate something better, and the evidence you believe you and your attorney believe is not there, you could go to trial. Let's just talk quickly about worst case scenarios. In most counties, on a first time DUI, you get probation, there's a minimum of two days of jail time, which nobody ever goes to jail. Typically, it's work project or home detention or something of that nature on a first time offense.
On a second time offense, well, let's go back to the first time offense. Fines can vary by county and, for example, in Sacramento County, it's about $2,500. In Yolo County, it's like $3,100, so they can span somewhere between $2,000 to $3,000 depending on what county you're in. On second DUIs, stakes are higher because minimum jail time is 10 days. Again, depending on the county, you get that conviction in, you can actually do jail time. For example, Placer County is one of the tough counties, depending on your blood alcohol level. Half of that jail time, whatever it may be, has to be done in custody.
Having a good attorney that knows what's going on is very helpful and in a future broadcast, I'll probably talk about reasons you really need an attorney if it's an accident or DUI with injury.
Connect with us:
Law Office of Joshua Kaizuka
2530 J St #320
Sacramento, CA 95816
(916) 706-0678
www.kaizukalaw.com/