DUI Drugs

There are many stages of a Newport Beach DUI Arrest.

This blog is  to inform you that at some point during the DUI process, you may have to take a drug test. Please refrain from using all illegal drugs and commonly abused prescription medication such as Vicodin, Codeine, and Oxy Cotton. A medical marijuana card will not excuse the requirement to pass a drug test. Failure to pass a drug test may render you in eligible to some alternative sentencing measure such as electronic monitoring or house arrest.

 Your DUI case is essentially split into two distinct and separate areas.

Stages of your DUI case. Your DUI case can essentially be broken down into four stages: , your criminal charges are handled in the Superior Court of the County where your arrest took place. This process usually involves multiple court appearance, that will be made on your behalf; and can take anywhere from 6 weeks to a year to complete.

STAGE ONE

When your Newport Beach DUI attorney requested a DMV hearing we also request a stay on your license suspension

**The DMV will automatically mail you an extended temporary paper license good for three months or more. If you do not receive the document before the pink temporary license expires, YOU ARE STILL VALID TO DRIVE. You must continue carrying the pink temporary license on your persons until you receive the new one from the DMV. If you were to be stopped by an officer they will run your license number and see that you are pending a hearing.

; this means your Driver’s License is not automatically suspended 30 days after your arrest. This way you have valid driving privileges until after your DMV hearing. : Within days of retaining with our office, we will be initially contacting the DMV, if you had contacted our office within 10 days of your arrest, to set up an Admin Per Se Hearing to challenge their projected suspension of your driving privilege in the State of California. At this time my office also requests your discovery from the DMV.

Occasionally, before your hearing takes place, the DMV will automatically send out a “Notice of Suspension”, stating your license has been suspended. If you receive one of these letters, please disregard if your Newport Beach DUI Lawyer contacted DMV within 10 days of your arrest. 

The time lapse until we receive your discovery can be apprehensive. It can take 30 – 45 days to receive your discovery from the DMV. During this time most clients become concerned. They think something should be happening with their case, and that we are not doing our job. A lot of work is being done on your case during the first 4 to 6 weeks; it just doesn’t happen in our office. The work is being done by the agency that arrested you, the lab that is analyzing your B.A.C., the officer that arrested you, and the DMV.

　

STAGE TWO

: DMV APS Hearing – Your future driving privileges are decided at this DMV Hearing. This hearing is entirely separate from your court proceedings. The DMV requires that you, or your attorney, request this hearing within ten (10) days of your arrest.

The discovery usually consists of the following; 1) your police report, 2) B.A.C. results, the percentage of alcohol content in your blood, and/or 3) supplemental reports. Upon receipt of your discovery, my office will forward you a copy. When you receive this information, please read through the reports and check for any major discrepancies. Once we review your discovery, depending on the circumstances of your case, we sometimes will subpoena the arresting officer to this hearing to cross-examine him/her regarding their background, training, experience in DUI cases as well as the specific procedures or lack thereof that were adhered to or not in your individual case.

Usually, there is multiple DMV hearings and may have several hearings depending on the number of witnesses and issues involved in the particular case. Your DMV hearing can be conducted in person or telephonically, and most clients are not required to testify. Your appearance at the DMV hearing is not mandatory, but once discovery is received for your case we will review your file and decide if your presence is needed. If you are required to attend the hearing, we ask that you please appear dressed in a professional manner.

After your hearing, the hearing officer considers the evidence presented. This process usually takes another couple of weeks. A letter of determination is mailed directly to your address of record, and an additional copy is sent to our office. This letter will inform you of the out come of your hearing.

　

STAGE THREE

: Court – In terms of the criminal case, your first court appearance is known as your arraignment. Your “Arraignment” is scheduled to be held on the date written on your original citation. As you are aware, your arraignment date is scheduled for  If a Newport Beach DUI Attorney is on your behalf, because your case is a misdemeanor you will not need to be present. At this time we will hear your formal charge of offense (s).

Your Orange County DUI Attorney  may decide to continue the arraignment. If we enter a plea as opposed to continuing the arraignment, we will enter a enter a plea of either guilty, nolo contendere, or not guilty. The Lawyer will then obtain the complaint and police report which we will copy and forward to you within a couple of days for your review.

Your case is then set for a pre-trail conference, usually held 30 – 45 days after your arraignment. During this time, the attorney is working with the District Attorney assigned to your case, trying to work out a deal for you. Any offer will be discussed with you by your Newport Beach DUI Attorney, and you make the final decision about whether or not to accept.

Finally, we may even schedule a jury trial date whether or not you desire to go to trial. This additional court date will give us one final chance to resolve the case. Typically, a DUI retainer covers legal services up to trail. If you decide your case should go to trial, there will typically be an additional fee. : Complying with your sentencing – Complying with the terms of any drivers license suspension or restriction. Having your driving privileges reinstated, after any suspension period. Usually, you need to get a restricted license from the DMV. Complying with any legal punishments you received including fines, probation and/or jail time. This final stage is as important as any of the previous stages, because failure to comply with the requirements of your sentence translates into more legal trouble.

Remember that you are not to discuss your case with anyone except your Orange County DUI Lawyer, your lawyer’s office staff, and those people the attorney have directed to speak with you. If you have any questions concerning this, please call your attorney immediately. Furthermore, if you have any documents relating to this arrest, please forward them to your attorney immediately.

, the DMV makes decisions about your driving privileges. The DMV makes a determination of whether or not your driver’s license will be suspended. This decision is made after your DMV hearing; usually held 45 – 60 days after your arrest.

Originally published here.

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