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
  • “If you ever have a chance to be associated with him know you are dealing with one of the true gems of the legal profession.”
    I couldn't say more about this lawyer. If you ever have a chance to be associated with him know you are dealing with one of the true gems of the legal profession. His honesty, tenacity, depth of character is beyond reproach.
    - Jerry R.
  • “We are very grateful to Mr. Middlebrook for his extremely professional handling of our daughter’s case”
    By way of background, I am a civil trial lawyer who practices law in another state. In 2020, after a questionable traffic stop, my daughter was arrested for DUI. Our family engaged Mr. Middlebrook to assist her. After he reviewed the evidence, Mr. Middlebrook identified the weaknesses in the State’s case and formulated a trial strategy to include the retention of an appropriate expert witness. While waiting for trial, Mr. Middlebrook prevailed in the administrative proceeding allowing my daughter to retain her driver’s license pending trial. After plea negotiations fell through, we went to trial on the criminal case. I have over 35 years of experience in a courtroom and have tried dozens of cases to verdict. On the first day of trial, I could tell that Mr. Middlebrook had the respect of the trial judge and the prosecutor. He developed an excellent rapport with the jury. In his examination of the expert witnesses for each side, Mr. Middlebrook demonstrated a deep understanding of the science related to DUI cases. His cross-examination of the arresting officer was respectful while making the officer appear to be, at best, incompetent in his handling of the stop and administration of the breathalyzer test. The jury acquitted my daughter on one charge and deadlocked on the other. An acceptable plea agreement on the remaining charge was thereafter reached allowing for all charges to eventually be dismissed and expunged from her record. We are very grateful to Mr. Middlebrook for his extremely professional handling of our daughter’s case, and I highly recommend him.
    - Ken I.
  • “Mr. Middlebrook is the man to call to help you get out of this situation as smoothly and with the best outcome as possible.”
    Everyone makes mistakes. If one of your mistakes happens to be a DUI, Mr. Middlebrook is the man to call to handle the situation. Mr. Middlebrook did the impossible in my case, and made sure my DUI did not ruin my life and career. His staff is extremely understanding and supportive through the entire process. If you are reading this it means you made the same mistake as so many others, and as so many others have come to realize; Mr. Middlebrook is the man to call to help you get out of this situation as smoothly and with the best outcome as possible. Make sure to learn from your mistakes, but in the time being stop the bleeding and call Mr. Middlebrook.
    - Christian
  • “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