Deciding on your next steps after you are charged with driving under the influence (DUI) in California can be difficult. You will need to determine the best way to resolve the charges you are facing. You may end up wondering if it’s even worth it to go to trial for a DUI.
The truth is, your specific situation will determine if it’s worth going to trial for a DUI or not. You can use this article to review some of the factors you might want to consider when it comes time to handle DUI charges. The professionals at the Simmrin Law Group can also help you go over other options for dealing with a DUI accusation in California.
Factors to Consider After a DUI Arrest
If you are arrested for a DUI in California, law enforcement officers and the prosecution can start building a case against you right away. You may be asked to complete:
- A field sobriety test
- Chemical blood alcohol content (BAC) testing
The results of these tests can be used by the prosecution to argue that you were operating a vehicle while inebriated. A DUI lawyer in Los Angeles may advise you about whether or not to pursue a trial after a DUI arrest based on the results of these tests.
Additionally, the decision to take your DUI charges to trial may depend upon:
- The severity of the charges you are facing
- The willingness of the prosecution to negotiate
- The risk to your commercial driver’s license
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Many DUI Cases Are Resolved Outside of Court
Some drivers feel that a courtroom trial might be the only way to resolve DUI charges in California. In fact, a very small number of DUI cases are handled in court. Across the country, around 2% of all DUI cases go before a judge and jury.
The vast majority of DUI cases are instead resolved through:
Dismissal of DUI Charges
In some cases, a criminal defense lawyer in Los Angeles can get DUI charges dismissed for you. Charges may be dismissed if your lawyer can demonstrate that you were stopped by a police officer without reasonable cause, for example. If your charges are dismissed, you will face no penalties for a DUI.
Negotiations with Prosecutors
Many DUI charges are resolved when a driver accepts a plea bargain. Plea bargains allow you to secure reduced penalties if you plead guilty to a less-severe charge. Your lawyer may advise you to accept a plea bargain for dry reckless charges, for example.
Determining if You Should Go to Trial for a DUI
Deciding upon the best method to resolve your DUI charges is something you should discuss with your professional DUI lawyer. Your lawyer can assess all aspects of your case to determine if it’s worth going to trial for your DUI. A legal professional may work to find out:
- If you were stopped without due cause
- If your BAC was right on the limit of a DUI
- If law enforcement officers respected your rights during an arrest
- If your BAC testing was performed correctly
- If BAC testing equipment was properly maintained and operated
In some situations, the factors surrounding your arrest make a DUI court case worth it. In other circumstances, your lawyer may advise you to accept a plea deal to ensure that you face the lowest penalties possible.
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Going to Your Department of Motor Vehicles (DMV) Hearing
You have the option to pursue a jury trial if you are accused of a DUI in California. You may also request a hearing with the DMV within 10 days of your arrest. If you do not request this hearing, the DMV may automatically suspend your license after 30 days.
It is highly recommended that you do not ignore your DMV hearing. The DMV can suspend your license outside of a courtroom decision in some cases. Make sure you protect your driving privileges by setting up your hearing before you run out of time. The team at the Simmrin Law Group can handle both your criminal case and your DMV hearing in California.
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Find Out if It’s Worth Going to Trial for Your DUI
A DUI lawyer in Los Angeles can review your situation to help you decide if you should go to trial for your DUI or not. The team at the Simmrin Law Group can review all of your legal options following a DUI arrest. Get started today by contacting us for a FREE initial case evaluation.
Reaching us is easy. Just call (310) 997-4688 or complete our online contact form to focus on building a strong defense to DUI charges.