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

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Client Testimonials Hear from Real People Who We've Helped
  • “Richard provided very knowledgeable advice and counsel, and, in fact, every court action played out exactly as he anticipated.”
    Of course he knew the law and the precedents, but more importantly he knows the court, the judges and commissioners, and the other attorneys involved. His greatest value was in knowing how this particular court (Kern County Superior Court - family law division) works, the main players involved, and anticipating each player's actions and responses. No one can tell you for sure what will happen in court, but Richard provided very knowledgeable advice and counsel, and, in fact, every court action played out exactly as he anticipated. He was a little more expensive (in terms of hourly rate) than the other attorneys I interviewed, but he was worth it because he got me exactly what I wanted.
    - Katie T.
  • “Best Choice for Legal Representation”
    “I highly recommend Middlebrook & Associates to handle your case to alleviate your worries and get you the best outcome possible to get your life back on track.”
    - Former Client
  • “No words to describe the teams professionalism”
    I was arrested for a first time DUI on December of 2015. I went to Mr. Middlebrooks's office the very next day and explained my case. He gave me a step by step overview of what is going to happen. It would be a shame on my part if I didn't review his teams work for me. I was updated promptly and they basically took over the entire area and only called me once or twice where I was actually needed with my case. After 6 months of deliberation, he managed to get my case thrown out due to technicalities and all charges were dropped against me. My greatest gratitude goes to his entire team. I've had sleepless nights over my arrest and how my future was going to be permanently affected if I had been convicted. After researching, I noted that he actually charges a bit more than the average for a DUI attorney in town, but I have absolutely no regrets whatsoever with his service and I would not hold back from recommending his office to anyone. I truly appreciate his teams commitment to quality of work they have done.
    - Gabriel
  • “If I am ever in need of an attorney again, there is no doubt I would hire Mr. Middlebrook's firm.”
    I was arrested for driving under the influence. After meeting with several lawyers, I retained Mr. Middlebrook to represent me. He took the time to listen and his advice and counsel was more than I could have asked for. Not only did he get my case dismissed, his fees were fair too. I have since referred my friend to Mr. Middlebrook and his case was dismissed too. If I am ever in need of an attorney again, there is no doubt I would hire Mr. Middlebrook's firm.
    - J.T.

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