Misdemeanor – From Arraignment through Jury Trial
A misdemeanor DUI charge in California usually begins with an arrest for violating California Vehicle Code sections 23152 (a) and 23152 (b). The 23152 (a) charge alleges that you drove a vehicle while under the influence of alcohol. The 23152 (b) charge alleges that you drove a vehicle with a blood alcohol content (BAC) of .08 percent or greater. These are two totally different charges, with different elements that the prosecutor must prove in order to gain a conviction, but a conviction on either charge will result in a DUI being on your record, and all of the consequences that flow from the DUI conviction. If you are convicted of both the “a” and the “b” charge, you can only be punished once.
If the California DUI arrest is the first, second, or third arrest in a span of 10 years (as calculated from arrest date to arrest date – the date of any conviction is irrelevant), and no one (other than the driver) was injured, the DUI arrest should be a misdemeanor DUI. If the drunk driving arrest was a fourth offense (within 10 years), or there was someone other than the driver who was injured (whether a passenger, pedestrian, bystander, or occupant of another vehicle), it will be a felony DUI, even if it is the first offense.
The difference between misdemeanor and felony DUI is important, both in terms of the potential punishment that can be imposed, and the process that occurs during the life of the case. A misdemeanor offense is one which, by definition, carries a maximum of one year in county jail. A felony can result in state prison for a much longer term, depending upon the nature of the felony, and the number and extent of injuries. It is possible for a death resulting from a DUI case to be punished by an indeterminate prison term that could be for life.
A misdemeanor California DUI charge begins with the arraignment, where you will be advised of the charges against you and will typically receive copies of the arrest reports that support the charges. You can enter a plea at the arraignment, or, for tactical reasons, you may choose not to enter a plea at that time but instead to continue the arraignment so that they you can review the various arrest reports before deciding what plea to enter.
Following the misdemeanor DUI arraignment, there are a series of pretrial conferences, which may involve the litigation of various motions that can be filed by the defense lawyer. (A “motion” is simply a formal written request that the court order something.)
These pretrial conferences lead up to trial, if the case is not settled by way of a negotiated plea beforehand. Trial in a California DUI case is similar to other criminal trials. You cannot be convicted at trial unless all 12 jurors unanimously agree that the prosecution has proved each and every element of the offense charged beyond a reasonable doubt, to the exclusion of every reasonable doubt, and if there is a reasonable doubt as to any element, then you are entitled to be acquitted of that charge. Thankfully, in California DUI cases, you still enjoy the right to a jury trial (which has been taken away in some states, especially for first offense DUI arrests).
Of course, having a skilled California DUI defense attorney on your side will increase your chances of having the case settled favorably without the need to go through a jury trial. It is possible to negotiate a plea bargain in a drunk driving case at any point in the criminal court process, even after a jury trial has been completed. If you’ve been arrested for DUI anywhere in California, please contact us right away at 1-800-NO-CUFFS for a free consultation about your drunk driving arrest.
