in a dui hearing, what is the lawyer for the police department called

Do I need a lawyer for a DUI DMV hearing?

You have the right to be represented at your DUI DMV hearing by an attorney at your own expense. This means that, unlike in a California criminal court proceeding, the DMV will not appoint an attorney for you in the event you are unable to afford your own.

What is the difference between a DUI hearing and a criminal hearing?

One clear example lies in the fact that a DMV hearing officer--who often has no formal legal training--presides over the DUI hearing case instead of a judge. Another is that the “burden of proof”--that is, the amount of evidence that is required to prove guilt--is more easily satisfied in a DMV DUI hearing than in a criminal proceeding.

What is a DMV DUI hearing in California?

A DMV DUI hearing is an administrative hearing held at a DMV office (not a criminal court). The sole issue in this hearing is whether or not your driver’s license will be suspended as a result of your having been arrested for DUI.

Why hire a California DUI defense attorney for a DMV DUI?

This is why it is so critical to have a California DUI defense attorney who has experience with California DMV DUI hearings and California DUI trials. Because these proceedings are conducted so differently, it is essential to have a lawyer who understands both systems.

What happens at a DUI arraignment in Michigan?

An arraignment is the first “legal” or court-based step in a DUI case. It's a hearing wherein a Judge or Magistrate informs you of the offense (or offenses) being charged against you, and then determines the amount of bond to be set, along with whatever conditions of bond you must follow to remain out of jail.

What happens at a DUI arraignment in California?

The arraignment is where you will find out what criminal charges have been filed against you, your Constitutional rights, as well as bail status. This is also where you are given your first opportunity to enter a plea: no contest, not guilty, or guilty.

What is a DMV hearing DUI California?

A DMV DUI hearing is an administrative hearing held at a DMV office (not a criminal court). The sole issue in this hearing is whether or not your driver's license will be suspended as a result of your having been arrested for DUI.

Do I need a lawyer for DUI in California?

If you have been arrested for drunk driving, you may be wondering whether you need an attorney for a first offense DUI? The short answer is: yes, you should definitely hire a DUI attorney to defend you because if you're not familiar with California DUI law, it will be difficult for you to properly defend yourself.

How long do you stay in jail for a DUI in California?

Minimum 180 days jail time (6 months), maximum 1 year or 16 months in state prison. DUI can be tried as a felony if you killed or severely injured someone, or if you have numerous repeat offenses. Felony DUI carries 1 to 5 years in state prison.

Is jail time mandatory for 1st DUI in California?

In California, jail time is practically mandatory for people convicted of a DUI. Even if it is your first offense and no one was injured, a judge can sentence you to six months in jail.

How do you win a DUI hearing in California?

To win a DMV DUI Hearing you usually must have one of the following examples:The police did not follow proper procedure with the breath or blood tests.You present convincing evidence the officer had no right to pull you over.You present proof that you were under .More items...

What is the best defense for DUI?

The Best DUI DefensesSuspect Not Given Opportunity to Contact an Attorney during the DUI Investigation. ... Breath Alcohol Testing Can Be Inaccurate. ... Illegal Stop of Person or Vehicle. ... Field Sobriety Test is Inaccurate or Invalid. ... No Evidence of Suspect Driving Vehicle or Being in Actual Physical Control.

What happens on your first DUI court date in California?

A first offense DUI in California is a misdemeanor typically punished by 3 to 5 years of probation, $390.00 to $1000.00 in fines plus penalty assessments, DUI school, a 6-month driver's license suspension, and installation of an ignition interlock device.

What does a DUI defense lawyer do?

In short, a DUI attorney helps their client understand the specific charges they are facing, help them to decide on a legal strategy, handle any administrative tasks involved with the case, and represent their client in court.

How much does a DUI attorney cost in California?

For a first-time misdemeanor DUI, a DUI attorney generally costs in the ballpark of $1,500 to $5,000. A California DUI Lawyer Association (CDLA) Specialist often starts at $2,500 – $4,500.

Why you need a DUI lawyer?

DUI lawyers have the legal knowledge and capabilities to negotiate with tough prosecutors on their client's behalf. If you have been convicted with a DUI case, a DUI lawyer may not be able to help you get the conviction expunged, but they could be able to lessen the charge.

What is the first hearing for a DUI?

The first hearing before the judge assigned to a DUI cases is called a either a case management conference or a pretrial conference. At the case management conference/pretrial conference, your defense attorney may negotiate with the prosecuting attorney with an eye towards obtaining the best possible plea agreement for their client. The state is not required to offer a plea agreement, but if an offer is made, your attorney is required to discuss the details of the plea deal with you. After that discussion it will be up to you as to whether or not to accept or reject the plea agreement. A plea agreement might include a defendant agreeing to a lesser charge that may result in a reduced punishment. Also, the number of charges you face may be dropped and a proposed alternative sentencing scheme may be imposed.

Can a misdemeanor be avoided?

In misdemeanor cases, defendant can often avoid appearing for arraignment hearing where the charges they face are officially entered into the court records. The DUI defendant’s attorney can appear on their behalf. If a defendant does not have legal counsel, the judge will advise the defendant of their right to be defended by an appointed counsel, as well as their other basic rights.

What does the hearing officer do at the DMV?

The officer generally brings in the results of any chemical tests taken by the driver and testifies about the encounter.

What is the purpose of a DMV hearing?

The purpose of the hearing is to determine whether the DMV has grounds to administratively suspend your license. In other words, to decide whether you were driving with a certain concentration of drugs or alcohol in your system or refused to submit to chemical testing in violation of the state's implied consent laws.

Why is a license suspension the harshest DUI?

For many people, license suspension is the harshest DUI-related penalty because of its impact on day-to-day life. So, maintaining driving privileges while a DUI case is pending is often a top priority. In most instances, requesting an administrative review hearing (sometimes called an "administrative per se" hearing) is ...

What to do if you are arrested for driving under the influence?

If you've been arrested for driving under the influence, get in contact with an experienced DUI attorney. Processes and procedures vary by state, so it's important to talk to a local attorney who can explain how things work in your area and help you decide your best course of action.

What happens if you don't request a hearing?

If you don't request a hearing within a certain period of time of the arrest, then you forfeit your right to challenge the administrative suspension. The time a driver has to request a hearing varies by state, but in many states, ...

What does it mean to win a hearing?

Winning your hearing means you get to keep driving while your criminal case is pending.

Can an attorney be at a DMV hearing?

But a word of caution: What you do at a DMV hearing can also negatively affect your criminal case. So it's always best if an attorney—whose job it is to protect your legal rights—comes with you to the hearing.

The Penalties of Failing to Ask for a Hearing

If you fail to request a DOL hearing, your drivers license is suspended or revoked 60 days from the date of your arrest. If you choose to challenge this suspension, you have 20 days from the date of arrest to do so.

What Happens After You ask for DOL Hearing?

Once a hearing has been requested, a DOL hearing date will be set. There is the option of subpoenaing the officer or trooper. In the event that the subpoenaed officer/trooper fails to appear for the hearing, it is likely you will win. This does not happen frequently but it certainly does happen.

Why We Crush DOL Hearings

My job is to scrutinize the police report. Did the officer make a complete report? Are there any defects? Do the dates add up? I also check the Washington State’s Patrol website to do research on the breath test machine.

What is the burden of proof in a DUI hearing?

Another is that the “burden of proof”--that is, the amount of evidence that is required to prove guilt--is more easily satisfied in a DMV DUI hearing than in a criminal proceeding. A third Is that the DMV DUI hearing takes place in an office--and sometimes even over the phone--instead of in a courtroom.

How to schedule a DMV hearing?

In order to schedule your DMV DUI hearing, you must contact your local DMV driver safety branch office, which is where your hearing will be held . These offices are different from the “traditional” DMV field offices where you go to obtain a license or register your vehicle.

How long do you have to wait to get a DMV hearing?

You only have 10 days from the date of arrest to request this DMV DUI hearing.

What happens if you don't have probable cause to detain you for DUI?

If the officer did not have any probable cause to detain you for driving under the influence, the hearing officer at your DMV DUI hearing must set aside the suspension of your driver’s license.

What happens if you get arrested for DUI in California?

If you are arrested for DUI in California, you will face two separate legal proceedings: a criminal charge for DUI in California courts, and an admin per se hearing at the Department of Motor Vehicle (DMV) to determine what will happen to your driver’s license. What is at stake in the California DUI court process are criminal penalties: fines, ...

How long does a DUI last in California?

If the DUI caused injury, and it is your third or subsequent DUI offense within the ten-year period, the suspension of your California driving privileges is for five years . This, too, may be converted to a restricted license after the first year, provided you comply with the procedures above. 12.

How long does a DUI suspension last?

If you refuse to submit to a DUI chemical blood or breath test, the officer must advise you that your driver’s license will be suspended automatically for one year.

Will I go to jail at my DUI Preliminary Hearing?

No. Unless you have a pending warrant for some other matter, you will not be going to jail at your DUI preliminary hearing. Mandatory jail sentences only apply upon your sentencing, and you will not be pleading guilty, found guilty or sentenced at your DUI preliminary hearing.

Can you provide me with information about a DUI Preliminary Hearing in PA?

The first critical legal proceeding in any PA DUI case is the preliminary hearing. All DUI Preliminary Hearings will be held in front of a Magisterial District Judge at his or her court, or at a centralized court location, such as Pittsburgh Municipal Court, Washington County DUI Court, or Beaver County Central Court.

Will I have to testify or talk about the incident at my DUI Preliminary Hearing?

No, you will not have to testify at the preliminary hearing or answer questions about the facts of your case. It is exceedingly rare for a defendant to take the stand and testify at a preliminary hearing.

Will the District Attorney (DA) be at my hearing?

Yes - an Assistant District Attorney or DA will almost always be present for those facing DUI preliminary hearings in Pittsburgh and Western Pennsylvania. There are exceptions where the arresting officer conducts the hearing on behalf of the Commonwealth.

Will I receive the results from my blood test at my DUI preliminary hearing?

Typically yes. If you submitted to a blood draw on your case, those results can take anywhere from 4-8 weeks to be produced. The DA or police officer will typically bring a toxicology report to your preliminary hearing noting what your BAC was.

Will I have to wear an alcohol monitor?

Maybe. Some counties will require anyone facing a 2nd or subsequent DUI offense to be outfitted with a SCRAM bracelet, which detects the presence of alcohol in the person’s body. In these situations, it will be made a condition of your bond to wear the SCRAM device and refrain from the use of drugs and alcohol.

Attorney Dave Zuckerman has prosecuted and defended hundreds of DUI Preliminary Hearings in PA

As a former DUI prosecutor, Attorney Dave Zuckerman of the Zuckerman Law Firm has prosecuted hundreds of DUI cases. He understands when to negotiate and when to fight.

How do I find a DUI lawyer?

An experienced DUI attorney can help you consider your options. To find a DUI attorney, you can ask any friends or family who have been charged with DUI . Ask if they would recommend their lawyer. If you have no leads, then you can contact your state's bar association, which should run a referral program.

What happens if you plead not guilty to a DUI?

After pleading “not guilty,” you will appear before the judge with the prosecutor. The prosecutor must convince the judge that there is “probable cause” to believe that you are guilty of DUI. The prosecutor can call witnesses. You may then cross-examine the witnesses. Not every state holds preliminary hearings.

How long do you have to preserve evidence for a DUI?

If you decide to fight the DUI charge, then you will need to make sure that you preserve all evidence of the incident. For example, if you did a field sobriety test, then police could have video of it. Generally, police will only preserve evidence for 90 days. After that, they will destroy it.

What to do if you can't afford a lawyer?

If you cannot afford one, then you will need to apply to see if you are eligible for a court-appointed lawyer. At the arraignment, you will also enter your plea—not guilty, guilty, or no contest. The judge will also decide whether to change the bail amount or release you on your own recognizance. Preliminary Hearing.

What happens if you are arrested for driving under the influence?

If you are arrested for Driving Under the Influence (DUI), then you will be taken to the police station and booked. After being booked, you will have to attend one or more hearings in front of a judge. In order to prepare for the hearings, you should understand the purpose of the hearing and what the state needs to prove.

How to get a copy of a police report?

The report should contain all of the information the officer took down about you during the arrest. You can make the request by sending a letter to the police department requesting the report.

What happens at a preliminary hearing?

At the preliminary hearing, the state must present sufficient evidence to convince a judge that there is “probable cause” that you committed a DUI. If the state does not meet this burden, then the case is dismissed. At trial, the state must prove that you are “guilty beyond a reasonable doubt.”.

Request A Hearing in Time

• An administrative per se suspension is automatic—and typically goes into effect 30 days or so after the arrest—unless the driver requests a review hearing with the DMV. When you request a hearing, the DMV generally puts the suspension on hold until the conclusion of your hearing. If you don't request a hearing within a certain period of time of the...

See more on dui.drivinglaws.org

What The State Must Prove at The Hearing

Benefits of Requesting A Hearing

Talk to An Attorney