Getting arrested for a DUI in California is a stressful experience, and one of the first questions many people ask is: “Do I have to go to court, or can my attorney appear for me?” The answer depends on several factors, including the severity of the case, whether it’s a misdemeanor or felony, and your specific circumstances.
Here’s what you need to know.
Misdemeanor DUI Cases: Your Attorney Can Go for You
If you’ve been charged with a first-time misdemeanor DUI, California law often allows your attorney to appear in court on your behalf without you being physically present for most misdemeanors. However, you may be required to appear for certain other misdemeanor charges like domestic violence. This is especially helpful if you live out of town or have work or family obligations that make it difficult to appear in person.
For most misdemeanors, your attorney can:
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Appear at arraignments
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Handle most pre-trial hearings
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Negotiate plea deals
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Argue motions
However, if your case goes to trial, you’ll likely need to be present. Just because you may not have to be there, your DUI Defense attorney may want you to be present sometimes for motions, readiness or settlement appearances if it could make a difference or better facilitate the resolution.
Felony DUI Cases: Your Presence Is Required
If you’re facing a felony DUI charge, such as a fourth DUI within 10 years, or if the incident involved injury or death, you are required to appear in court.
An Attorney can handle the Court appearances without you
A skilled DUI attorney not only can appear without you but understands the law, the consequences, the issues and knows what needs to be done to get the best resolution possible. The Attorney will:
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Review evidence (e.g., stop, detention, arrest, breath or blood tests for any issues)
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Advise you on things you can do to help mitigate the charges and get a better resolution
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Negotiate for reduced charges or penalties based on your individual case and background
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Provide guidance on special diversion programs for veterans and active duty military.
A good attorney knows how to navigate the local court system and will work to get the best possible outcome.
DMV Hearings Are Separate from Criminal charges
Don’t forget, after a DUI arrest in California, you also face a possible Department of Motor Vehicles (DMV) administrative suspension and need to schedule a hearing to challenge and delay the suspension. This is separate from the criminal court case and is focused on your driving privilege. Your attorney can set up a DMV hearing if contacted within 10 days of arrest. The attorney can also handle this hearing on your behalf in most cases without you.
Bottom Line
In DUI cases in California, your attorney can appear in court for you, saving you time, stress, and potential embarrassment. Sometimes though, it may be in your best interest to appear with your attorney if he feels it could make a difference. For felony DUI cases, you’ll need to be there. Either way, hiring an experienced DUI lawyer can significantly improve your chances of a more favorable outcome.
If you’ve been charged with a DUI, don’t go it alone. Reach out to a qualified California DUI attorney who can guide you through the process.
