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
  • “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
  • “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.
  • “Excellent at what they do.”
    I was charged with a DUI and an auto accident involving a parked vehicle. Fearing the worst, Middlebrook & Associates worked out a deal I never imagined. I avoided jail time, work release, and an interlock device. Middlebrook & Associates are excellent at what they do; highly recommend them.
    - Anonymous
  • “The best people I ever invested in”
    Mr Middlebrook and his staff are the best people I ever invested in. They are very professional and my outcome was better than I could have hoped.
    - Steve S.

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