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Contra Costa Criminal DUI Court Proceedings

Being arrested on suspicion of drinking and driving in Contra Costa County, California can be a scary experience. You may be just learning about the maze of legalities involved with a DUI arrest. Did you know that a drunk driving arrest generates two separate proceedings? You will face a criminal trial in a court of law and an Administrative License Revocation hearing at the Department of Motor Vehicles. An experienced and knowledgeable criminal DUI defense attorney in Contra Costa County can help you through both proceedings.

Stage 1: The Arrest

When a law enforcement officer makes a misdemeanor DUI arrest, he or she must have "probable cause." In other words, the officer observes signs of intoxication, whether in the driver's appearance or driving patterns.

Stage 2: Posting Bail/Bond

After being arrested, you maybe held in custody until released with bail or bond. However, there have been instances where the accused is released on his or her own recognizance. Either way, you are agreeing to appear in court to be arraigned on the charges.If you are held in custody, you must be arraigned within 48-72 hours.

Stage 3: The Arraignment

This takes place in criminal or municipal court. You have the right to a judge and jury. You also have the right to a public defender, but we strongly suggest you retain the services of a skilled and seasoned DUI and DMV hearing lawyer. At the arraignment, the judge will advise you of your rights and the charges filed against you. Some of these rights include: the right to confront a witness, the right against self-incrimination, and the right to analyze evidence to be used against you. You will also be asked to enter a plea of guilty, not guilty, or no contest.

Stage 4: Pretrial Motions

Pretrial motions may be presented at the arraignment or at a future hearing. You may hear terms such as "motion to suppress evidence," "discovery," and "motion to dismiss." An qualified Contra Costa DUI lawyer at the Law Office of Robert Tayac is available to explain these motions in greater detail.

Stage 5: The Trial

Because you also have the right to a speedy trial, once the trial date is set, it must begin within ten (10) business days of that date or your case must be dismissed.

When the trial begins, the prosecution and defense will select a jury. They will interview prospective jurors and may be dismissed by either attorney for specific reasons.

Criminal trials typically last several days. Opening statements are given, witnesses testify, evidence is entered, and closing arguments are given. The judge dismisses the jury with instruction, a the jury deliberates until they find a verdict.

Stage 6: Sentencing

Although the jury may find you guilty, the judge is the individual who decides your punishment, which may already be defined within California State Law.

If you have been charged with drinking and driving, you will need a specialized DUI lawyer to protect your interests and see that you are treated fairly. You have the right to appeal any criminal conviction.

Please visit the Law Offices of Robert Tayac at 600 Montgomery Street, Suite 210, San Francisco, CA 94111, call us at (800) 901-1888, or contact us by email, Contra Costa DUI Attorney as soon as possible.

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