The Process in Detail

In almost every DUI case, there are actually two separate proceedings. First, the DMV attempts to suspend your driver's license for a period of time. Second, the court has a process to try and convict the driver of a criminal offense.

  • The DMV Hearing
  • The DMV hearing is the civil hearing regarding the status of your license. You don't have many of the same rights a criminal proceeding gives you. However, you can bring in witnesses on your behalf. The standard to suspend your license is much lower than a criminal proceeding.

  • Arraignment
  • This is the first court hearing where the defendant pleads guilty, not guilty or no contest. A not guilty plea continues the proceedings. This is beneficial for most defendants, even guilty ones. If you missed your DMV hearing, it lets your attorney access the police report. It also gives your attorney an opportunity to negotiate on your behalf and file pretrial motions.

  • Pretrial Motions
  • Before trial attorneys litigate pretrial motions. Some common motions are Serna motions (they didn't bring the case to trial fast enough), demurrers (the complaint is not understandable), and motions to suppress (the police took your blood or breath without consent).

  • Pitchess Motions
  • A Pitchess motion is where a defendant seeks information from an officer's private file. Usually, this happens in cases of police brutality or there is direct evidence the officer fabricated his report.

  • Motions in Limine
  • In Limine motions are motions that control what can and cannot be said during trial. This time can be used to exclude prejudicial evidence from the jury, such as unscientific evidence. It also controls the language attorneys can say to prevent a prosecutor from slandering the defendant.

  • Jury Trial
  • A jury or bench trial is where guilt or innocence actually gets litigated. You'll have the right to subpoena witnesses and cross examine witnesses as well. If there's a video of your arrest, it will likely be played during the trial.

  • Sentence Management
  • This involves attempts to prevent collateral consequences such as job loss. Sentences vary widely depending on the county and how many times someone has been convicted of DUI. However, if this is your first or second offense and no one else was injured, you generally are not looking at additional time in jail. The jail time can be served on alternative sentencing which is usually work project or ankle monitoring.

Tier 1 Services

Tier 1 includes receiving both informal and formal discovery, reviewing those with the client, conducting the DMV hearing, negotiating the best possible sentence and limited post sentence assistance.

Flat fee prices are determined by county and charges. Payment plans are accepted.

Tier 2 Services

Tier 2 includes all services from Tier 1 plus any pretrial motions that need to be filed. If a felony case, this includes the preliminary hearing and the 995.

Flat fee prices are determined by county and charges. Payment plans are accepted.

Tier 3 Services

This includes all of the prior services plus a jury trial or an interlocutory appeal of a pretrial motion.

Flat fee prices are determined by county and charges. Payment plans are accepted.