DUI Court Process in California

In California, the DUI process has two branches. The first is the DMV hearing, which concerns your driving privilege and is handled through the Driver Safety Office of the California Department of Motor Vehicles. The second branch is the DUI court process, which is the criminal side of the legal process involved in a DUI charge. These proceedings have different purposes and can move on separate timelines.

Call us at (800) 716-6791 for a prompt review of your DUI arrest paperwork and upcoming deadlines.

You Have 10 Days to Request a Los Angeles DMV Hearing

From the day of your arrest or receipt of a suspension or revocation order, you have only 10 days to request a DMV hearing. This administrative hearing addresses whether your driving privilege should be suspended or revoked. It is separate from the criminal court case and any court-imposed fines, probation, custody, or other penalties.

At Gold & Witham, we can request the DMV hearing, represent you at the hearing, and review the arrest and administrative action alongside the criminal case.

If you don’t request the DMV hearing by the applicable deadline, an administrative suspension can take effect 30 days after the arrest.

Criminal Court Process in Los Angeles, CA

The criminal case may proceed through release, arraignment, pretrial hearings, trial, and sentencing, although the path and timing vary.

1. After Arrest: Filing & Court Date

After a driver has been arrested for DUI, the court may set a bail amount or release the driver on their own recognizance (without requiring bail).

After release, keep the citation, release paperwork, DMV notice, and court-date information together. Police reports may be sent to the prosecuting agency for review before a criminal complaint is filed in Los Angeles Superior Court. The timing and charging path can vary based on the alleged offense, where the incident occurred, custody status, and the circumstances of the case.

2. Arraignment:

This is your first court appearance. Timing varies by the charge, custody status, court, and case circumstances. You’ll be informed of the charges against you and enter a plea (guilty, not guilty, or no contest). Our attorneys can advise you about the plea and defense strategy based on your case. The court may also address release conditions and set or confirm future court dates.

3. Pretrial Conference(s):

These meetings involve the prosecutor and your attorney (if you have one) to discuss evidence, motions, negotiations, and potential next steps. Pretrial motions, such as a motion to suppress evidence, may be filed to challenge evidence or procedure. A plea bargain may be offered by the prosecuting attorney, and the available options depend on the evidence, charges, prior record, and case-specific risks. During pretrial proceedings, we can review discovery such as police reports, chemical-test records, and witness information. We evaluate issues involving the traffic stop, arrest, field sobriety testing, chemical testing, and the handling or interpretation of evidence before advising on negotiations, motions, or trial preparation.

4. Trial (if no plea bargain is reached):

The trial is held in court and presided over by a judge. In a jury trial, the jury determines the verdict; in a court trial, the judge decides guilt or innocence. The defense may challenge evidence and witness testimony. Our attorneys can navigate trial procedures, cross-examine witnesses, and present the defense. The prosecution must prove the charged offense beyond a reasonable doubt.

5. Sentencing (if found guilty):

The judge determines the sentence based on the charge, prior record, plea or verdict, aggravating circumstances, and applicable California requirements. Penalties can include fines, jail time, license suspension, DUI classes, and probation. Our attorneys can advocate at sentencing and explore available options to address the impact of the case. Court-imposed consequences remain separate from DMV administrative consequences.

Contact a Los Angeles DUI Defense Attorney Today

After an arrest, citation, court date, or DMV notice, prompt legal review can help you understand the deadlines and next steps in both proceedings. Attorneys Jeffrey Gold and Nigel Witham have more than 40 years of combined experience defending DUI charges. We provide personalized attention, evaluate the evidence and procedures involved, and develop a strategy tailored to your facts and legal circumstances.

If you’ve been arrested, contact our DUI defense attorneys at (800) 716-6791 to discuss your court and DMV deadlines. Call now!