Pretrial

During arraignment, pretrial hearings are often arranged for misdemeanor DUI cases. Pretrial motions will be heard during this time, which can include motion to suppress evidence, discovery motions, motions to dismiss, etc. The attorneys may also attempt to reach a settlement at this point or further pretrial dates may be necessary depending on the case. If a settlement is not reached or the case is not dismissed than a date for your trial will be set.

Trial

For a misdemeanor case, you have the right to go to trial within 30 days of your arraignment if you were in custody at the time or 45 days if you were not in custody at the time of your arraignment. These are just minimums, so an attorney can ask for a “continuance” and your case may not go to trial for several months.

The jury will decide your guilt, but the judge will choose your punishment. Your Santa Barbara DUI Defense Attorney can enter evidence to minimize your sentencing, which can range from jail time to probation and alcohol treatment classes.