Being arrested for driving under the influence (DUI) in California can result in numerous criminal penalties. Understanding your rights and the DUI process is essential to protect your interests. One of the best ways to prepare for a DUI case is with the help of an experienced DUI attorney.
Our DUI attorneys at Ahmed & Sukaram, DUI and Criminal Defense Attorneys have over 30 years of combined legal experience, including a California State Bar Certified Specialist in Criminal Law on our legal team. We have a successful track record, winning over 3,000 cases. Our attorneys are seasoned trial lawyers and skilled negotiators.
Contact Ahmed & Sukaram, DUI and Criminal Defense Attorneys at (408) 217-8818 to request a free consultation with our San Jose DUI arraignment lawyers. We can help you with all aspects of your case, including the DUI arraignment.
Ahmed & Sukaram Criminal Defense Lawyers Can Help You with a DUI Case in California
Our law firm exclusively handles criminal defense cases. Therefore, our attorneys focus 100% of their time on criminal law. Concentrating on a single area of law increases their experience, skills, and knowledge of criminal matters.
When you retain a San Jose criminal defense attorney from our team, you can trust we will:
- Investigate your DUI arrest to determine if the police violated your rights or made mistakes
- Gather evidence to support a DUI defense, including working with experts as necessary
- Analyze the evidence the prosecution has against you to prepare challenges and defenses
- Discuss the pros and cons of a DUI plea deal versus going to trial
- Advocate for your rights during all court proceedings and meetings
Our DUI attorneys are highly rated by Super Lawyers and Avvo. They have national recognition from organizations, including The National Trial Lawyers Top 100 and the American Society of Legal Advocates.
Call Ahmed & Sukaram, DUI and Criminal Defense Attorneys, to request a free case evaluation from one of our experienced San Jose DUI arraignment lawyers.
What Is a DUI Arraignment in San Jose, CA?
The arraignment is the first court date in a California DUI case. Typically, a DUI case begins when a police officer pulls you over on the suspicion that you are driving under the influence. The officer conducts a roadside investigation to gather evidence, giving them probable cause for an arrest, which could include field sobriety tests (FSTs) and a roadside breathalyzer.
If the officer believes you are impaired, they arrest you for DUI and take you to the police station. You will be required to take a breath test or blood test. You can refuse these tests, but California’s implied consent laws result in additional penalties for refusing a chemical test.
Typically, if you committed a serious DUI offense, you may be held until your DUI arraignment, which will be within a couple of days. In most cases, you are held overnight and released the next day after posting bail or promising to appear in court. The DUI arraignment may not be scheduled for several weeks in that situation.
What Happens at a DUI Arraignment in California?
The DUI arraignment is the first time you appear in court for the DUI charges. Several things happen during a DUI arraignment, including:
- Reading of the Charges: The judge informs you of the criminal charges against you by reading them aloud in court. They explain your rights and the potential consequences of a conviction for DUI.
- Determination if You Have or Need Legal Counsel: The judge asks if you are represented by a lawyer or need a court-appointed attorney. If you cannot afford to hire an attorney, the court can appoint a public defender. It is highly recommended that you hire an experienced DUI lawyer before the arraignment. An attorney helps negotiate bail and release conditions. They also advise you on the best plea to enter at the DUI arraignment.
- Entering a Plea: The judge asks you to enter a plea. You have three choices for a plea.
When you enter a plea, your choices are as follows:
- Guilty: You admit you were driving under the influence as charged. Pleading guilty could lead to an immediate sentence, or the court may schedule a hearing for sentencing.
- Not Guilty: You deny that you are guilty of the charges against you and request a trial. Pleading not guilty places your case on the trial docket, resulting in further legal proceedings.
- No Contest: You do not admit you are guilty of the DUI charges, but you accept the punishment the court issues for the charges. Pleading no contest has the same result as pleading guilty, but it cannot be used against you in civil proceedings.
If you do not have an attorney and are unsure what to plead, pleading not guilty is generally the best choice until you can speak with a DUI lawyer.
At the end of the arraignment, if you are still incarcerated, the judge decides whether to release you on bail and the terms and conditions of your release. You may need to check in with a probation officer, wear a monitor, and meet other requirements. The conditions depend on many factors, including DUI charges and criminal history.
Do I Need an Attorney for a DUI Arraignment in San Jose, CA?
It is highly recommended that individuals hire DUI defense attorneys as soon as possible after a DUI arrest. A lawyer ensures you understand the charges and the potential DUI penalties for a conviction. They help you negotiate bail and release terms.
Your attorney explores defense strategies and handles all legal proceedings, including discovery, pre-trial motions, and plea negotiations. Hiring an attorney can make a significant difference in the outcome of your criminal case.
Get Help with a DUI Case from Experienced San Jose DUI Lawyers
You have the right to legal counsel during all phases of your DUI case in California. Call Ahmed & Sukaram, DUI and Criminal Defense Attorneys, to schedule a free case review with our San Jose DUI arraignment lawyers. We fight to protect your rights and achieve the best possible outcome, given the facts of your case.