What are DUI court hearings?
DUI court hearings begin with an arraignment. The next steps are pre-trial conferences, and motions (if necessary). Most DUI cases are resolved during the pre-trial stage by plea agreement with the prosecutor. However, the defendant has the right to go to trial and have a judge or jury determine their guilt.
Arraignment
At arraignment, the court will advise the defendant of their constitutional rights and the charges against them. The defendant will have the opportunity to plead guilty or not guilty, and to admit or deny any other allegations.
At arraignment for a DUI, the court will also determine whether to put any pre-trial conditions on defendant. Common pre-trial conditions include:
- Supervised release;
- Attendance at AA meetings;
- Wearing a SCRAM alcohol-monitoring bracelet;
- Installing an ignition interlock device;
- Enrolling in a treatment program.
It is more likely that the court will impose these conditions if the defendant had a blood alcohol content over .15%. Conditions are also likely if the DUI resulted in an accident or injury, or the defendant already has one or more DUI convictions.
You may be able to avoid some conditions if you take steps toward rehabilitation before your first court date. Attending AA meetings and enrolling in the appropriate DUI class are good ways to show you are not a risk to commit another DUI while your case is pending.
Also at the arraignment, the prosecutor will provide the defendant or their attorney with police reports and other items of “discovery.” In addition, the prosecutor typically provides an offer to resolve the case.
Pre-trial Conferences
During pre-trial conferences, the judge, prosecutor and defendant (or their attorney) discuss the status of the case. Topics include the status of discovery, anticipated motions, and trial readiness. In between pre-trial conferences, the prosecutor and defense counsel discuss settlement of the case. Typically that settlement includes a plea to a DUI charge, 3-5 years of probation, and a fine. If your blood alcohol content was at or near .08%, the prosecutor may be willing to resolve your case for a wet and reckless, or dry and reckless charge.
DUI Court Motions
Motions can be an effective tool to fight a DUI case. Motions are used to exclude evidence from the case or to request a dismissal or diversion.
Motion to Suppress
You may fight your case by contesting the reason for a law enforcement stop, detention, arrest, and search. This is commonly referred to as a motion to suppress under Penal Code section 1538.5. If the motion is granted, the judge can suppress evidence. This means that the the prosecution cannot use that evidence in the case against you.
Motion for Diversion
Diversion is not permitted for DUI’s, with the exception of military diversion under Penal Code section 1001.80(l).
Trial
At trial, the key issues will be 1) whether the defendant was the driver of the vehicle, 2) whether the defendant was under the influence when they were driving and 3) whether their blood alcohol was over .08% (or .01% if under 21) at the time they were driving. You have the right to a jury trial, where a jury of your peers determines if you are guilty. You may also have a court trial, where a judge makes that determination. At trial, the defendant bears the burden of proving that they have a valid defense to DUI charges.