DUI Court Process

The DUI Court Process

Bakersfield Lawyer Protecting Your Rights

There are two separate paths to your DUI charge. There is the actual criminal case and the DMV hearing regarding your license suspension or revocation. The DUI charge begins with your arrest. Law enforcement must observe erratic driving, speeding or some traffic violation that gives them "probable cause" before they can pull you over to discover whether you were driving under the influence of drugs or alcohol. You will be pulled over so that certain tests can be administered, sometimes including field sobriety tests as well as a blood alcohol concentration test (BAC), which may be breath test or a blood test.

You can refuse to do the field sobriety tests and any onsite breath test, but if you refuse the "evidentiary" BAC test, you could have an automatic license suspension of one year. If the law enforcement officer thinks he has probable cause to believe you were over the legal limit of .08% or under the influence of alcohol or drugs, you will be arrested and charged with DUI. You will be processed and either released on your own recognizance or put in jail until a judge is available.

A DMV hearing must be scheduled within 10 days of your arrest. If it is not requested, you will automatically have your license suspended, even if your license is from a different state. Your attorney can schedule and represent you at this hearing and can fight with certain evidence to waive the suspension or revocation of your driver's license.

Representation During the Entire Process

The next step is the arraignment, which is the hearing where you are formally charged and can enter a plea. It is strongly advised that you have an attorney assist you at your arraignment. If a bail amount is set, the attorney can possibly help you to have it reduced or negotiate a release on your own recognizance. In most cases, you will never need to even appear in court!

If you have entered a plea of "not guilty", the defense now begins. All aspects of your case must be reviewed. Did you know that breathalyzer tests are notorious for incorrectly registering the BAC level? Did you know that even the state recognizes that Field Sobriety Tests are extremely unreliable? These are aspects that must be reviewed as well as the "probable cause" aspect of your case.

Any possible court challenges must be prepared by your attorney. At Middlebrook & Associates, our attorney is experienced in all aspects of DUI defense and will fight aggressively in every possible area to defend you. If a trial becomes necessary, we will go the distance in your case to ensure the safeguard of your rights and future.

Contact our Bakersfield DUI attorney online or by calling (661) 874-1325 to defend you in any DUI charges.

Why Choose Middlebrook & Associates?

  • 38 Years of Collective Legal Experience
  • Over 250 DUI Trials Handled - With a 97.4% Success Rate
  • Handled More Than 8,500 DMV Hearings in Kern County
  • Expert Member of California DUI Lawyers Association
  • ACS-CHAL Forensic Lawyer - Scientist Designation
  • AV Rated by martindale.com - Leading Authority on Attorney Ratings
  • Teaches Lawyers & Scientists - DUIDLA, American Academy of Forensic Science & American Chemical Society
  • Founding & Board Member - DUI Defense Lawyers Association (DUIDLA)
  • Top 100 Lawyers in America - DUI Defense

Get Help Immediately

Call (661) 874-1325 or Submit This Form

We are here to help! Hablamos Español.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
Client Testimonials Hear from Real People Who We've Helped
  • “Aggressive and informed representation”
    Thank you for providing aggressive, informed representation and ensuring me a fair, rational legal process.
    - Aaron Jacobs
  • “Best DUI Attorney Around!”
    Mr Middlebrook came highly recommended by a friend who is also an attorney. Mr Middlebrook's knowledge and experience was immediately evident to me during our first conversation about my DUI citation. While I've heard all too often that it's not worth trying to fight a citation for a DUI, he gave me the confidence to do so when I ended up getting one. From that day forward he and his team took care of everything and kept me well informed throughout the process. He was very responsive to any questions I had and while he provided options at every stage along the way, his advice (which you'd have to be a fool not to follow given his track record in these cases) prompted me to pursue the best outcome possible rather than settle for less. He knew he could win and he did. My case was dismissed by the judge before it ever made it in front of a jury. I couldn't be more thankful to him and to my friend for the reference. Hopefully this recommendation will help others achieve a similar outcome by utilizing his expertise. He's worth every penny. Give him a call and speak to him just once about his experience and advice as it pertains to your specific situation. You'll understand what I mean.
    - Eric
  • “Mr. Middlebrook is the most knowledgeable attorney I have ever worked with.”
    Mr. Middlebrook is the most knowledgeable attorney I have ever worked with. He is honest and attentive to your individual needs. I would never consider going with anyone else, and feel safe and secure in knowing that he is handling my case. I am completely confident that he is THE expert and knows all the ins and outs of the legal process. There are a lot of lawyers out there that will tell you what you want to hear, but Richard is upfront and will tell you what you can expect. He is a genuine person and undeniably, the best asset you can have for your legal matters!
    - Anonymous
  • “This Attorney is amazing at what he does, and i would refer anyone i knew in trouble to his law office.”
    After doing research on the internet trying to find an Attorney because my boyfriend was innocent, Mr. Middlebrook came up repeatedly. We got in right away to his office, and after meeting with him, had an overwhelming feeling of relief. He is very respectful, makes you feel like a person, not a criminal, and most importantly is very knowledgeable and reassures you that everything will be ok. We got the best outcome we didn't even think was possible. This Attorney is amazing at what he does, and i would refer anyone i knew in trouble to his law office.
    - Name Withheld

Stay In The Know

Recent News & Updates