DWI / DUI COURT PROCEDURES
One of the most stressful parts of being arrested for DUI / DWI is navigating the law enforcement and court procedures in your county. At my law office, I have devoted my legal practice to defending people charged with DUI / DWI for nearly 40 years. I am attorney Blackie Burak; my knowledge of the system and the court procedures you will face is comprehensive. I serve clients throughout northern and central California and if we decide that I will be your DUI defense lawyer, I can visit you, wherever you are.
Contact my Walnut Creek law office toll free at 1-866-BLCKDUI for a free consultation if you have been charged with drunk driving. I have handled thousands DUI / DWI cases, obtaining many favorable outcomes for clients. Learn how I can defend you.
THE COURT PROCESS AFTER A DUI
For the benefit of clients and prospective clients, I have outlined below what you can expect if you are arrested for DUI:
- After you are arrested and the police finish their investigation, most police departments will release you to a friend or relative. Sometimes you will be required to post bail.
- Before your release, you will receive a court date for arraignment
- As soon as possible, call a lawyer to get started on your DMV hearing so you can get your driver's license back. You only have 10 days from your arrest to contact the DMV and request the hearing. We will do this for you.
- I will appear at the arraignment. You do not usually need to attend the arraignment. The purpose of the arraignment is to formally advise you of the charges and to set further court dates. Normally, I will enter a plea of not guilty on your behalf, obtain a copy of the police reports and criminal complaint and set the case for a pre-trial conference with the DA and Judge. I normally have you appear with me at the pre-trial conference. I will meet with you after the arraignment and before the pre-trial conference to go over the police reports and other evidence and discuss possible resolutions.
- The pre-trial conference date is set. There may be several pre-trial conferences. At these conferences, many of the issues involved in the case are discussed with the DA and Judge with the purpose of obtaining an agreeable resolution of the case. Many times, the case requires further pre-trial proceedings, such as additional testing (see below) or additional discovery of evidence and documents. Additional pre-trial motions may be necessary, such as a motion to dismiss on the basis of an illegal detention or lack of probable cause for the arrest.
- In blood cases, I file a discovery motion to get all the relevant lab data as well as all information on the chain of custody of the blood sample.
- In breath cases, I obtain all the records of your test as well as the maintenance and calibration records of the breath testing device.
- After reviewing these documents, I can tell what problems exist with the testing procedure and whether a private forensic toxicologist should be consulted.
- I will review the case with you before each pre-trial conference. At that time, we will decide what further steps are necessary and if you want to proceed to a trial.
This process can take from one month to three or four months. If you decide, based on the legal advice you received, to proceed to trial, the process will take longer.
For help navigating the court system after a DUI / DWI charge, contact my Walnut Creek, California, law office right away. Call toll free at 1-866-BLCKDUI for aggressive representation during each step of the court process.