What Happens After a First DUI Arrest in California?
Being arrested for a first DUI in California can be confusing, particularly for someone who has never been involved in the criminal justice system. An arrest can lead to two separate proceedings: a criminal case in court and an administrative driver's license proceeding involving the California DMV.
Understanding what happens after a first DUI arrest—and what deadlines may apply—can help a person make informed decisions about the case.
What Happens Immediately After a DUI Arrest?
A typical DUI investigation begins with a traffic stop or an encounter following an accident. An officer may ask questions about drinking, request field sobriety tests, administer a preliminary alcohol screening test, and ultimately arrest the driver.
After an arrest, the driver may be asked or required under California law to complete an evidentiary chemical test, depending on the circumstances. In an alcohol-related DUI investigation, this commonly involves a breath or blood test.
The person may then be booked into jail or another detention facility before being released with paperwork identifying a future court date.
Importantly, being arrested for DUI does not mean that a person has been convicted. The prosecution must still prove the charged offense beyond a reasonable doubt.
A California DUI Can Involve Two Separate Cases
One of the most important things to understand about a first DUI is that the arrest can trigger two different proceedings.
The criminal case is handled through the court system and determines whether the defendant is guilty of a criminal DUI offense.
The DMV proceeding concerns the person's driving privilege.
The two proceedings are related but separate. A favorable result in one does not necessarily determine what happens in the other.
This distinction is particularly important because DMV deadlines may arise shortly after the arrest. Waiting until the first court appearance to address the driver's license issue can be a mistake.
What Happens at the First DUI Court Date?
The first court appearance is generally the arraignment.
At an arraignment, the defendant is formally advised of the charges and enters a plea. In most contested DUI cases, the initial plea will be not guilty while the defense obtains and reviews the prosecution's evidence.
Depending upon the circumstances and local procedures, an attorney may be able to appear on behalf of a defendant charged with a misdemeanor, reducing or eliminating the need for the defendant to personally appear at certain hearings.
After arraignment, the case generally proceeds through pretrial conferences, motions, negotiations, and, if the case is not otherwise resolved, trial.
What Evidence Is Used in a First DUI Case?
A DUI prosecution involves much more than a BAC number.
Evidence commonly includes:
Police reports;
Body-worn camera footage;
Dash-camera or other video;
Breath-test results;
Blood-test results;
Field sobriety test performance;
Statements allegedly made by the driver;
Driving observations;
911 calls or witness statements; and
Records concerning chemical-testing equipment.
A defense attorney can review this evidence to determine whether the prosecution can prove both that the defendant was driving and that the defendant was legally under the influence or had a prohibited blood-alcohol concentration at the relevant time.
Can a .08% or Higher BAC Result Be Challenged?
Yes. A chemical test result is evidence, but it does not eliminate the need to investigate the case.
Depending on the facts, potential issues may include the timing of the test, the reliability of the testing procedure, compliance with applicable regulations, contamination or collection issues, instrument maintenance, and whether the test accurately reflects the driver's blood-alcohol concentration at the time of driving.
Timing can be particularly important when alcohol was consumed relatively close to the time of driving.
Alcohol generally takes time to absorb into the bloodstream. As a result, a person's blood-alcohol concentration may continue rising after driving has ended. In an appropriate case, the defense may examine whether a later chemical test accurately represents the person's BAC while he or she was actually driving.
Can the Traffic Stop Be Challenged?
Sometimes.
Police generally need a lawful basis to stop or detain a driver. DUI investigations may begin because of alleged speeding, weaving, equipment violations, an accident, a 911 report, or other observed conduct.
A defense attorney can examine the officer's stated reason for the stop and compare it with available video and other evidence.
If evidence was obtained as the result of an unlawful detention, the defense may have grounds to seek suppression of that evidence. Whether such a challenge is available depends heavily on the particular facts of the case.
Field Sobriety Tests Are Not Pass-or-Fail Tests
Police officers frequently use field sobriety tests during DUI investigations. Common examples include the walk-and-turn and one-leg-stand tests.
Performance can be affected by factors unrelated to alcohol, including road conditions, footwear, physical limitations, nervousness, fatigue, weather, confusing instructions, and the manner in which the test was administered.
Body-worn camera footage can therefore be especially useful. Instead of relying entirely on an officer's written characterization of someone's performance, the defense may be able to review the actual encounter.
What Are the Penalties for a First DUI in California?
The potential consequences of a first DUI depend on the particular charge and circumstances.
A conviction can potentially result in probation, fines and assessments, DUI education requirements, driver's license consequences, and other court-ordered conditions. Additional consequences may apply when a case involves aggravating circumstances such as an accident, injury, excessive speed, a high alleged BAC, a chemical-test refusal, or a minor passenger.
The practical consequences may also extend beyond the sentence imposed by the court. A DUI can affect employment, professional licensing, insurance costs, and the ability to drive for work.
Does a First DUI Mean You Will Go to Jail?
An arrest does not necessarily mean that a person will ultimately serve additional time in jail.
The potential sentence depends upon the offense, the facts of the case, the person's history, local practices, and how the case is ultimately resolved.
This is another reason someone facing a first DUI should not assume that the outcome is predetermined simply because an officer made an arrest or a chemical test produced a particular number.
Can a First DUI Be Reduced or Dismissed?
Potentially.
Whether a DUI can be dismissed or reduced depends upon the evidence and legal issues in the individual case. Possible defense issues may involve an unlawful traffic stop, insufficient evidence of impairment, problems with chemical testing, rising blood alcohol, inconsistencies between the police report and video evidence, or difficulty proving when the defendant actually drove.
In other cases, weaknesses in the prosecution's evidence may become relevant during negotiations concerning a reduced charge.
No particular outcome can be guaranteed. The strength of a DUI case should be determined only after reviewing the actual evidence.
What Should You Do After a First DUI Arrest?
Do not assume that there is nothing to defend simply because you submitted to a breath or blood test.
Preserve any evidence that may become important. Write down what happened while the events are still fresh, including where you were before driving, when and what you drank, when you stopped drinking, the approximate time you drove, when police contacted you, and when chemical testing occurred.
Receipts, photographs, text messages, location information, and witnesses may also become relevant depending upon the circumstances.
Most importantly, pay attention to deadlines associated with the driver's license proceeding. DUI cases can begin moving before the first criminal court appearance.
First DUI Arrest in Chico or Northern California?
A first DUI arrest can be intimidating, but an arrest is not the same thing as a conviction.
Every DUI case should be evaluated based upon its own evidence. Police reports, body-worn camera footage, field sobriety tests, breath or blood testing, the legality of the traffic stop, and the timing of alcohol consumption can all affect the strength of the prosecution's case.
A Northern California DUI defense attorney can review both the criminal and driver's license aspects of the case and identify potential defenses.
If you have been arrested for a first DUI in Chico, Butte County, Glenn County, Tehama County, Yuba County, Sutter County, Colusa County or elsewhere in Northern California, contacting a DUI attorney promptly can help ensure that important deadlines and potential defenses are identified early.
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