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Stages in a DUI Case

On Behalf of | Oct 9, 2015 | Firm News |

What is going to happen at court?  

Do I just go in and plead guilty or do we set a trial?

I want to go to court.  I think when the judge and prosecutor see me it will help.

Will I have the decision to go to trial because I necessaarily do not want to go to trial?

These are just a few of the many questions I field from clients and potential clients when discussing their DUI case.  

The DUI process should be known by someone who is going to go through a DUI case.  Below is the bare basics of the stages of a DUI case.  Please contact the firm at 858-751-4384 for a free consultation.


Stages In A DUI Case


STAGE 1: Request an APS Hearing must be requested within 10 days of arrest

  • Call must be to the DMV and have the arrest information ready.
  • Request a stay of the temporary license
  • Request discovery
  • Inform DMV whether hearing in person or over phone.
  • Prepare subpoenas for the APS hearing. Serve the necessary subpoenas.

STAGE 2: APS Hearing

  • Hearing is before a DMV hearing officer
  • Hearing Officer acts as judge and prosecutor
  • DMV has to establish:
  • Did the officer have probable cause to stop the driver’s vehicle
  • Did the officer lawfully arrest the driver?
  • Was the driver operating a motor vehicle with .08 or more by weight of alcohol in his/her blood?

San Diego Superior Court

STAGE 1: Arraignment first court appearance

  • Enter a not guilty plea
  • Demand discovery
  • Set date for Readiness Conference
  • Fight off any additional sanctions Prosecutors and Judges want to give on some DUIs (even first time DUI). This is key if you were in a collision or your BAC is over .15%.
  • Attorney Mark Deniz can appear for you.

STAGE 2: Readiness Conference

  • Conference usually two weeks after arraignment if there is no time waiver

STAGE 3: Motions hearings will be heard on motions filed.

  • Argue Motion to Suppress
  • Argue Discovery Motions
  • Create Trial Strategy
  • Subpoena Witness
  • Prepare for Trial

STAGE 4: Jury Trial

  • Pre-trial motions and hearings
  • Jury Selection
  • Opening Statements
  • Cross examine prosecution witnesses
  • Mid Trial motions
  • Defense case
  • Closing arguments
  • Verdict (Not guilty)
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