DUI Court Process

Bakersfield DUI Court Process: Protect Your Rights

Your Trusted Bakersfield DUI Lawyer

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.

Comprehensive Representation Throughout Your DUI Case

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
  • “The best law firm!”
    Hello my name is Pedro I did the biggest mistake of my life and drove with alcohol in 2019 in my system. When I got caught I felt like I was never going to get through this by myself till I heard about Richard middlebrook. I went to their office very worried not knowing what was going to happen 2 me or my life. Before Richard and his team got to work they made sure i was calm down and started explaining to me everything by detail in how they work and what I liked the most Is that I didn't have to show up to court not once or twice. I really do recommend them for anybody who is going through hard times like I did you'll be in good hands with Richard and his team they do what they exactly promise to do and that is be their for you and you'll end up with good results by choosing them to pick up your case.
    - Former Client
  • “After a recent successful result against the DMV, Judge Thomas Clark had this to say about our own Mr. Richard Middlebrook:”
    [T]he Court is aware of (and takes notice of) Mr. Middlebrook’s special knowledge and skill in this specialized area of the law, his nationwide reputation and the demand for his services on a national basis and recognizes that those factors increase the reasonable value of his time when applied to a case of this nature with the far-reaching implications implicit in this case. Taking those factors into account, the Court finds that $750 is a reasonable hourly rate for Mr. Middlebrook's services on this particular case."
    - Judge Thomas Clark
  • “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
  • “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

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