DUI in Vista – The Initial Arrest

At the time of your initial arrest for DUI, you will be required to submit to a blood or breath test to determine your BAC or blood alcohol concentration. If you refuse to take a test, then your license will be automatically suspended for one year, whether or not you are found guilty of DUI in the criminal courts at your trial. Additionally, your driver’s license will be confiscated at the time of arrest, even if you do submit to a blood or breath test. In its place, you are issued a temporary permit that is valid for 30 days after the initial arrest.

However, if you want to preserve your driving privileges, you will need to act fast – you only have 10 days from the time of arrest to request a hearing at the DMV to avoid a mandatory suspension of your driving privileges for up to one year. If you have obtained representation from a Vista DUI attorney, he or she will be able to file the appropriate papers for the DMV hearing on your behalf.

Many factors of your case hinge upon understanding complex DUI laws that the average person cannot be expected to know. For this reason, it is imperative that you seek representation from a qualified DUI lawyer in the state of California. By having professional legal representation, you increase your chances of a successful outcome for your case.

DUI in Vista – The DMV Hearing

The DMV hearing is completely separate from your DUI criminal case, and often this part of the DUI charge may be completed before your criminal hearing begins. At the DMV hearing, your case will not be heard by a judge, but instead, an official from the DMV will both present the evidence against your case, and decide the verdict. This type of proceeding is known as “Admin Per Se” and thus does not follow the laws that most people might expect.

Because this is not a legal proceeding in a court room, the same laws and regulations do not apply. Attorneys who specialize in California DUI law will be able to assist you with your DMV hearing, and in many cases, your attorney will be able to appear at the DMV on your behalf – saving you time and minimizing the stress involved. If your license is not able to be fully reinstated, a qualified Vista DMV attorney can often help you to obtain a provisional license so that you are still able to drive to and from work as needed. 

DUI in Vista – The Arraignment

Your arraignment will generally be held a short time after your initial arrest. At the arraignment, the charges that are to be brought against you will be explained, and any evidence that the prosecution has in regards to your case will be turned over to the defense. If you decide to plead guilty, your criminal proceedings will end here. However, if you decide to plead not guilty, and have obtained the services of a DUI defense attorney, you may not need to be present at this stage of the proceedings.

Your Vista DUI attorney will enter a plea on your behalf, take copies of the evidence the prosecution has in regards to your case. This evidence may include the results of your blood alcohol tests, written reports by police officers, and any other evidence that will be brought against you during the course of the trial.

This disclosure of evidence is important, because it gives your attorney a chance to craft a strong defense for your case. There may be discrepancies in the evidence versus the actual events, or there may be questions about the reliability of the testing equipment, or the reports themselves. Regardless, your Vista DUI attorney will be able to advise you of all your options, so that you are well aware of your case’s chance for success.