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California DUI Process

Building a strong defense for charges of driving under the influence (DUI) requires a strong knowledge of the DUI process. The Law Firm of Richard L. Duquette has served the Oceanside community for 38 years and remains updated on any changes to California's DUI laws. Read below for an overview of the DUI process before you take part in a free consultation with an Oceanside lawyer from my firm. I can provide the guidance and defense that you need when facing charges of DUI in the Oceanside area.

  • Police Stop - A police officer pulls the motorist over under suspicion of DUI (drifting over lane lines, speeding, ignoring traffic laws) or for any other lawful reason.
  • DUI Investigation - If the officer has sufficient grounds to suspect that the driver is intoxicated, the officer may then conduct an investigation. This can include field sobriety tests and a breath or blood test.
  • DUI Arrest - Once the officer has sufficient evidence to establish a driver's intoxication, such as (a) failed field sobriety test(s) or a BAC reading of 0.08% or higher, the officer will arrest the driver under charges of DUI. The officer will also confiscate the motorist's driver's license according to administrative per se (APS) license suspension procedure.
  • Booking - The officer will take the DUI suspect to the local station to be booked. The individual will have their fingerprints and picture taken, will answer basic questions about themselves, and will be placed in a cell until they are sober.
  • Bail - Once the individual is no longer intoxicated, bail may be set for them to be released from jail until their criminal DUI hearing. If bail is posted, the individual may return to their daily life until their court date. Failure to appear in court after bail is posted will result in serious criminal penalties. If bail is not posted to begin with, the individual must remain in jail until their court date.
  • DMV Hearing - After being arrested for DUI, a motorist has 10 days to request a DMV hearing to fight their license suspension and request a hardship license. Such a license gives a person limited driving privileges to and from their workplace until their criminal case is complete.
  • Criminal DUI Hearing - The DUI process ends with the criminal hearing, where a DUI defense attorney represents the driver and fights their charges in court. If the charges are successfully fought, the judge could dismiss the case with a verdict of "not guilty." Otherwise, the motorist will face a DUI conviction and the penalties that come with it.

Contact a DUI Attorney in Oceanside, CA

The Law Firm of Richard L. Duquette can skillfully fight your DUI charges. I have been in practice for 38 years and have handled all types of criminal defense cases, including DUI charges. Retain my firm today for a lawyer who will thoroughly investigate the details of your arrest and your DUI charges, and who will go the extra mile to defend you. I conduct focus groups and even mock trials as needed.

Contact my firm right away to get started on your DUI defense!