 |
STEP 1: |
|
The first step usually, but not always, involves having a drink, and then getting behind
the wheel of a motor vehicle. Contrary to popular belief, it is neither illegal nor immoral to drink and drive.
It is against the law, however, to drive "while under the influence" of alcohol. So drinking and driving is
not the same as driving under the influence. |
|
| STEP 2: |
|
The next thing that occurs in these cases involves the police. When a police officer suspects
you of being under the influence, he can order you to take field sobriety tests (FSTs). You can refuse to take these tests,
but the result will invariable be your arrest. On the other hand, if you do attempt to perform field sobriety tests, their
subjective nature pretty much ensures you'll fail anyway. Some police officers carry with them a portable breathalyzer.
If you don't want to risk taking the FSTs, but feel you are not under the influence, you might want to ask to take the PAS
test, or portable breathalyzer. This should convince the officer of your sincerity in refusing to try to perform the mostly
subjective FSTs. |
|
| STEP 3: |
|
The officer may ask you to take a blood, breath or urine test. If you refuse, you can lose your driver's
license for six or more months, depending upon the circumstances, whether or not you've had anything to drink at all. |
|
| STEP 4: |
|
Arrest, fingerprinting, and waiting to be bailed out is next. |
|
| STEP 5: |
|
Arraignment is the first court appearance. If you don't yet have an attorney to represent you,
the judge will grant you a one or two-week continuance to get one. Or you may get lucky and hear from the judge or court
clerk that the district attorney has decided not to prosecute your case, in which case that's the end of your bad experience. |
|
| STEP 6: |
|
The standard procedure at arraignments is to enter a plea of not guilty, "waive time" so that the next
court appearance is four to six weeks away, rather than just one or two, and schedule a pre-trial hearing. |
|
| STEP 7: |
|
Pre-trial motions usually have to be heard before the pre-trial hearing. Some common pre-trial motions
are (a) motion to strike a prior conviction, (b) motion for discovery, and (c) motion to suppress evidence. |
|
| STEP 8: |
|
At the pre-trial hearing is where most of these cases settle. Minimum sentences are set forth in the
California Vehicle Code. Most jurisdictions add to these minimum requirements to show they are being tough on this politically
incorrect behavior. |
|
| STEP 9: |
|
If you and your lawyer feel you have a decent case, you should seriously consider taking it through a jury
trial. While trials are no fun, neither is being sentenced to short (or long) stays in the county clink, fines, points against your
driving record, and significantly increased auto insurance rates. Again, "You can't win 'em if you don't try 'em." |
|
