The DUI process involves two separate actions, a criminal case and a DMV administrative hearing, and each carries its own proceedings and possible penalties. In a sense, you will not be facing one case, but two, which is why you must fully understand the charges made against you. If you have been arrested for driving under the influence of alcohol or drugs, you have 10 days from the date of your arrest to schedule a hearing with the DMV to prevent the suspension of your driver’s license.
The Criminal Court in San Diego
During your criminal proceedings, you will be arraigned in the court and given the option to accept the charges or fight against them. At this time your attorney can file motions to suppress unlawful evidence or seek a plea bargain with the district attorney’s office. It is very important that you retain legal counsel from a skilled DUI lawyer in San Diego who can help you determine your legal options and decide upon the best choice for your situation.
If you decide to go to trial, a court date will be set and a jury will be selected. Once the trial officially begins, your attorney and the prosecution will both make opening statements, present evidence and testimony, cross-examine witnesses, and give their closing arguments. The jury will then deliberate for however long it takes the group to make their decision, and then they will deliver their verdict. The judge will then read the verdict in the court, and if the jury finds you guilty, the judge will deliver your sentence.
A knowledgeable and aggressive defense attorney for DUI in San Diego can make all the difference in your drunk driving trial. A skilled DUI lawyer from our firm can refute the prosecution’s arguments and present a detailed and compelling defense of your charges while ensuring your rights are protected and you receive a fair trial. DUI law is complex, so it is crucial that your legal counsel has detailed understanding of its intricacies to effectively challenge your charges.
California DMV Hearings
As previously mentioned, you must act immediately and contact the DMV if you are arrested for drunk driving. If you fail to arrange a hearing date, your license will be automatically suspended. Even if you are acquitted of the charges against you, the suspension can still remain in effect. The hearing allows you the opportunity to contest the suspension of your license, regardless of your criminal court proceedings.
At the hearing, a DMV employee with oversee your case and essentially serve as both the judge and prosecutor. They will review your case and the evidence against you, which is why it is necessary to have an experienced defense lawyer who can challenge the evidence and advocate on your behalf. Your attorney may also be able to have some of the evidence suppressed if it was obtained through unlawful methods or if you were not informed of your rights and possible repercussions of refusing a chemical test. Based on the evidence, the DMV employee will decide if there are reasonable grounds to suspend your driving privileges.
Need a lawyer for DUI? We are ready to fight for you!
A first-time DUI offender may be eligible for a diversion program, but a person with multiple DUIs will often be sentenced to jail time. No matter how many times you have been arrested for allegedly driving while intoxicated, you must enlist a skilled and proven defense attorney for your case. The Law Office of Marc S. Kohnen has extensive experience in DUI defense and can discuss the best way to address the charges you are facing.
Attorney Marc S. Kohnen is a skilled negotiator and litigator that will protect your rights and do everything he can to help you avoid a guilty verdict. Our firm understands how much is on the line, but you can be confident that we will provide your case with nothing less than relentless and strategic representation.
Call our team today to discuss your situation!
“When I met Marc, I was immediately relieved. His calm and professional demeanor was exactly what I needed. He handled my case without a hiccup.”
Heather M. | Rosemead, CA
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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Contact The Law Office of Marc S. Kohnen if you have been arrested and charged with a crime and need a skilled San Diego criminal defense lawyer. The firm represents clients throughout the community, and you can learn about their services by visiting the Areas We Serve page.Office of Marc S. Kohnen
1350 Columbia Street, #700
San Diego, CA 92101