I know that on my first court date for my DUI charge here in Los Angeles, California, I would have to plead guilty or not guilty for the charge. What other things usually happens during the first court hearing?

Izzie

Los Angeles, CA

Aside from the advisement of your rights, reading the charges against you and entering a plea of guilty or not guilty, there are some other things that would happen on your arraignment or first court date for your DUI charge in Los Angeles, California. This is when the court will decide whether or not to set bail, or whether any preliminary bail amount set by the police must be changed.

You driver’s license will also be confiscated and your California driving privileges will be suspended. If you have refused a blood alcohol test, the judge will schedule an administrative hearing with the Department of Motor Vehicles to determine if your privileges should be revoked for refusing the test. During the arraignment, the court will also schedule a future date and time for further proceedings regarding your DUI case. The judge would specify what the reason is for the next court appearance or proceedings. The reasons could include a preliminary hearing, a pre-trial conference, pre-trial motions, or trial.

Hi, I live in Los Angeles, California and I haven’t actually been arrested for DUI. But in case I will be charged for DUI and I get a lawyer, what knowledge should a lawyer have when it comes to different blood alcohol testing methods used in a DUI case?

Kate

Los Angeles, CA

If you get arrested for DUI in Los Angeles, California, you definitely have a choice of a breath, blood or urine test to find out your blood alcohol level. This is the reason why every DUI defense lawyer should have sufficient scientific knowledge in order to effectively cross-examine the state’s expert, as well as to present defense expert testimony. Mouth alcohol, absorption, interfering substances, peak and elimination of alcohol, chemistry and other scientific issues are extremely critical in representing a person accused of DUI.

Being knowledgeable on the various breath, blood and urine testing methods and their scientific principles is also required for the competent DUI defense lawyer. Every blood alcohol testing device has its own unique strengths and weaknesses. Those weaknesses should be explored in front of a jury in order to provide the defense with effective assistance of counsel. In several occasions, the chemical testing machines are neither properly operated nor calibrated and this can be attacked by a good DUI defense lawyer who has enough knowledge on the information about how chemical testing machines are being maintained.

If my sister would be released from jail after being arrested for drunk driving in Los Angeles, California, what do you think is the best thing that she would have to do first and does she need to hire a DUI lawyer?

Sylvester

Los Angeles, CA

Once your sister has been released from jail after being arrested for DUI in Los Angeles, California, the very first thing that she would have to do is to write down everything that she can remember about the night of the drunk driving arrest. These things would include what she was doing and where she was before driving, how much she had to drink, how long after drinking when she was arrested, how the officer behaved and any instructions given to her, what the officer said to her, where she was pulled over, when and if she was read her Miranda rights and when she took the blood alcohol test and how long it had been since she drank. She has to write down everything that she can think of, even if it doesn’t strike her as relevant.

You actually have already mentioned what to do next. Yes, your sister needs to hire a DUI lawyer. She needs and deserves an experienced DUI defense lawyer who will fight for her rights. The single most important thing that she can do for herself is to find a qualified lawyer who knows California DUI law.

I had a little drink and I didn’t have a choice that I had to drive a friend home after a party here in Los Angeles, California. She had too much alcohol that she can’t even walk. I was able to get her home safe but just in case in the future that I didn’t have a choice to drive again after drinking and get arrested, can I refuse a blood alcohol test? If not, do I have a choice which blood alcohol test I could take?

Forrest

Los Angeles, CA

If in case in the future you will be asked to pull over because of a DUI suspicion in Los Angeles, California, you cannot refuse to take the blood alcohol test if you are asked to do so by the police officer and this is because of the implied consent law. Under the implied consent law, the police officer should warn you about the consequences of refusing to take the blood alcohol test. Your driver’s license will be suspended immediately for one year if you refuse to take the test.

The three tests to determine blood alcohol content are blood, urine and breath tests. You actually do have a choice of which one of these three tests you will take, although recently, the law has been changed to allow the urine test to be discontinued by the police because of the problems associated with it. If one test is somehow unavailable, that is the only time your ability to choose which test you take can be legally restricted. You should then take the other if that is the case. The police officer is required to tell you of your options. But the decision as to which test to take is up to you.