The Court Process in DUI Cases
Have you ever wondered what a person arrested for driving under the influence (DUI) of alcohol experiences in the court system? Unless you’ve worked in the system or experienced it first hand, many people do not realize DUI sentencing by the courts can be confusing and very expensive. The following was taken from a talk given at the 2004 DIAC Convention by Commissioner Jim Bishop from Riverside County.
How does a court get notification of a DUI action? A formal complaint is filed with the court by the arresting officer or by the district attorney’s office. The arresting officer can file either the citation or complete a form that identifies the charges in the complaint. It is the filing of the complaint with the court that gives the court jurisdiction over the case. The defendant receives a summons to appear in court to be arraigned. At the arraignment, the defendant’s first appearance in court, he/she is formally advised of the charges filed against him/her and pleads either “guilty” or “not guilty.” For DUI charges, the court has the following information available: the citation issued to the defendant, the complaint, the police report, the defendant’s blood alcohol concentration (BAC) results and DMV record.
When the defendant appears at the arraignment, the court performs an initial standard of review. The court must be satisfied that there was probable cause for the enforcement stop. Probable cause is the reasonable belief that a crime was committed and that there is a reasonable basis to believe the suspect (defendant) committed a crime. Some factors the court considers when establishing probable cause are:
- Why did the officer make the stop?
- Was the officer’s decision justified under the circumstances?
- What observations did the officer make about the driver as the officer and driver interacted?
During the arraignment, the defendant is made aware of his/her rights. In Riverside county, the defendant watches a 12-minute videotape, and receives a form to initial and sign. If the defendant pleads guilty to the charges, the court reviews with him/her the major rights that include the right to remain silent, have a jury trial, have a lawyer, and question witnesses. Additionally, defendants who are not U.S. citizens are told they may lose their rights to gain U.S. citizenship or residency, and may face deportation.
Riverside county has interpreters and other resources for non-English speaking defendants.
Courts are required to meet a “standard of proof” to convict a defendant of the charges filed against him/her. Standard of proof is the recording of evidence to show that the defendant committed the charge filed against him/her. There are three major standards of proof that the court hears:
Preponderance of the evidence – The evidence that shows that a fact sought to be proved is more probable than not. This is the easiest standard of proof to obtain.
Clear and convincing evidence – The evidence shown leaves no reasonable doubt that the facts given is indeed the truth. This standard of proof is more difficult to obtain.
Proof beyond a reasonable doubt – The evidence that supports and is consistent with a defendant’s guilt and inconsistent with any other conclusion. This is the most difficult standard of proof to obtain.
If the defendant is convicted of the DUI offense he/she is charged with, the court imposes a sentence. The court considers the following factors before a judgment is rendered:
- The defendant’s BAC.
- The nature of the defendant’s driving.
- How well the defendant performed the field sobriety tests.
- The number of moving violations on the defendant’s DMV record.
- The number of previous DUI convictions and the length of time between those convictions.
- The status of the defendant’s license at the time of arrest. (e.g., valid, expired, never issued, suspended)
The court may also consider the defendant’s age, accident involvement and possible results of any DMV administrative hearing. Sentencing includes jail time and a variety of DUI court-related fees and fines.
The DUI Offense chart below gives an overview of the sentences that may be imposed on a defendant by the court.
The Court Fees and Fines chart gives an overview of the fees and fines that may be imposed on a defendant.
Hopefully this article gave you some insights about the court side of the DUI process drivers face when they choose to drink and drive.
Reproduced from "The D.I.A.C. Monitor" (Winter 2004 Issue) by Driver Improvement Association of California (DIAC)
Disclaimer: The information presented on this site should not be construed to be formal legal advice. We are not attorneys and we encourage you to seek legal advice regarding your individual legal issues.
The Administrative Procedure Act (APA) found in California Government Code Sections 11400 through 11528, and CVC Sections 14100 through 14112 govern Driver Safety hearings conducted by DMV.