California felony DUI is only if the person operating a vehicle has been convicted of this crime in the past. However, other cases get handled on a different level. If you have never had any prior convictions and are not driving with any alcohol, then your case can be handled as a misdemeanor. These cases may entail jail time or some form of community service; however, this can vary depending on the courts and how you were able to plead for amelioration for yourself and your case.
Here is the expectation if charged.
1. You will be Arrested
The state must have reasonable evidence that you committed the crime. Even though they do not need a search warrant, this will help them keep their case later on down the line.
2. You may be Taken to the Police Station to Obtain a Sample of Your Blood
It is common for police officers to get a warrant; however, it can also be obtained without one if there is probable cause and reasonable suspicion.
3. Check with the DMV
Depending on your case, you may lose your driving privileges and have to have a restricted license; however, this gets taken away depending on how serious the crime is against you.
4. Fingerprint will be Taken and Have Your Mug Shot Taken
This is common for any arrest, whether a misdemeanor or a felony.
5. A Person Receives a Court Date Letter from the Court
Usage is to determine what the court has against you or if there will be some plea deal or trial depending on the circumstances of your case and what police officers found at the scene of your DUI stop.
6. Check for a Lawyer Before Your Court Date with the Court
It is in the recommendation that you do this because sometimes there are lawyers on the other side of the case who can negotiate with you from the beginning or ensure that you know your rights.
7. You may Have to Go for a Mandatory Medical Evaluation
This is for your safety and will help you determine if you need any drug or alcohol rehabilitation before being released from jail.
8. You may Have to Take a Drug and Alcohol Class
This is for your safety because when you get released on probation, judges will look at whether or not you get properly rehabilitated from the DUI. The judge can put you in prison if you refuse to do this.
9. You will be Released from Custody with a Choice of Probation or Community Service
If there is no prior record, the judge may release you onto probation so long as there is evidence that you are not a danger to yourself or others and that you can stay out of trouble. However, if there are prior charges and a warrant, then the judge may have other plans for you.
10. Find Out How Much Jail Time You May Receive If Convicted
Sometimes, this may be as much as a few days or weeks, but it is always better to find out, in the beginning, to prepare and know what to expect.
These are your steps and expectations when arrested for DUI. These are all common steps and procedures that the courts take for any crime, but sometimes you may find that your rights do not apply or there was an error in judgment.
