Contact a Southern California DUI Lawyer Now!
Upon arrest for driving under the influence you will be provided with a future court date if you are released from custody on your own recognizance or post bail. If you do not post bail then you have the right to appear before a judge within 48 hours of your arrest. Southern California DUI attorney, Kellee Parker Harris recommends and our team at Parker Law Center firmly believes that you should not try to represent yourself on your criminal charges. Instead, you should consult with a skilled legal advocate who can fight for your rights and protect you throughout the varying twists and turns in the DUI court process.
Investigation & Arrest
Prior to the officer’s initial contact with you, the officer will determine if he/ she has probable cause or reasonable suspicion to conduct a traffic enforcement stop or investigate the pending matter. During the investigation, law enforcement will decide if there is probable cause to believe you committed a crime. This probable cause must be based upon specific facts and circumstances resulting from a combination of any of the following: driving, poor attention, performance on field sobriety tests, slurred speech, unsteady gait, bloodshot/ watery eyes, odor of alcohol, admission of drinking, results of a preliminary alcohol screening test, etc. As long as you are 21 or older and not on probation for DUI then the field sobriety tests and preliminary alcohol screening test are considered voluntary; thus, you can decline to complete them.
If officers are able to determine they have probable cause then they will place you under arrest. Following arrest, you must be provided with the chemical admonition which informs you of the right to select between the breath and blood test for DUI alcohol arrests. Should you refuse to submit to the chemical test then you will be subject to enhanced penalties including jail time and a longer license suspension.
DMV Hearing
While this is separate from the court process, it is important to discuss because it requires immediate action. From the date of your arrest, you’ll have just 10 days to request an APS hearing and place a stay on the license suspension. The APS hearing must be requested at the local driver safety office. Failure to request this hearing within 10 days will result in an automatic license suspension beginning 30 days from the date of arrest.
At the APS hearing, your lawyer will attempt to fight to avoid the administrative license suspension that often accompanies DUI arrests. There are a variety of procedures which must be followed at the hearing; thus, it is vital you contact a DUI attorney today to discuss next steps.
The Court Process
The criminal process is as follows:
- Arraignment (initial court appearance)
- Discovery & review of the evidence
- Pretrial hearings (negotiations with prosecutors)
- Pretrial motions (1538.5 motion to suppress, Serna motions, Pitchess motions, etc.)
- Trial (jury selection, opening statements, prosecution’s case, defendant’s case, closing statements, deliberation, and verdict)
- Sentencing
Parker Law Center provides comprehensive representation at both the Court and DMV hearing. Attorney Parker will walk you through every step of the process and answer any questions you may have. She will want to review the evidence with you as you are a vital member of the legal team. Once all of the evidence has been evaluated, Attorney Parker will present the options of setting your case for a motion, entering into a negotiated plea agreement or moving on to jury trial.
Get the help you need through every step of this complex process; contact Parker Law Center today by calling (800) 805-8804!
Why Hire Parker Law Center?
A DUI is a criminal offense that can result in serious penalties. Turning to a seasoned and skilled defense lawyer that focuses on handling DUI cases can make a major difference.
AFFORDABLE RATES
Hiring an attorney does not have to break the bank. Parker Law Center aims to provide all of our clients with effective DUI representation at an affordable and reasonable rate.
TAILORED DEFENSE
Our aggressive defense strategies have enabled us to successfully represent a variety of complex misdemeanor and felony DUI cases across Southern California.
Take the First Step. Speak with a DUI Attorney Today!
Our firm brings over a decade of insight and experience in the area of DUI law. We have also found success with the number of cases we have taken to trial. When you place matters into our hands, you can depend on us to fiercely advocate for your rights and protect your driving privileges.
A typical DUI case begins with a traffic enforcement action by a peace officer. The peace officer observes signs of intoxication (even just mild signs), and arrests the suspect for DUI. The suspect is usually taken back to the police station where he/she is given the choice between a breath or a blood test. After the chemical test, the suspect is booked, fingerprinted, and placed in a holding cell. Many times the suspect is released own his/her own recognizance (OR) and given a date to return to Court for the arraignment. Other times, the police station sets a bail amount based on a preset bail schedule which requires a certain amount of money be posted before the person may be released. If the person cannot afford the bail amount, then the person is held until he/she can see the judge which should happen within 48 hours.
At the arraignment, the charges are read to the defendant and he/she enters a plea of “guilty” or “not guilty.” Most DUI cases are filed as misdemeanors; a misdemeanor offense allows the attorney to appear in Court on the client’s behalf without the client being present. Once a not guilty plea is entered, the case is set for a pre-trial. During the pre-trial process a skilled defense attorney can evaluate the case and file any and all motions that are necessary (i.e. Serna Motion, Motion to Suppress, Motion to Dismiss etc.). During the pre-trial conferences, the defense attorney has a chance to review the case with the prosecutor and negotiate the matter. Depending on the circumstances, a plea bargain could be the best option for the client. Other times, the case should be taken to trial. The Parker Law Center will evaluate your case, the evidence, and all possible defenses and determine your best course of action.
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Start with a conversation.
The fastest way to reach Kellee is by phone. The initial consultation is free, and calls are accepted any time, day or night.
(800) 805-8804- Calls accepted 24/7, free initial consultation
- Parker Law Center · Huntington Beach, California