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
  • “I want to tell you how TRULY thankful I am to you for everything that you did for me”
    First, I want to tell you how TRULY thankful I am to you for everything that you did for me. You went above and beyond my wildest expectations and I have nothing but the most immense respect and admiration of your abilities. I know you went the extra mile for me, but I have no doubt that you are just as wonderful and passionate with all of your clients. You deserve all of the success you have Rick. It takes a very special and gifted person to juggle what you do and have all of your achievements to prove it! I wish I could appropriately express my most sincere gratitude for how well you took care of me. THANK YOU RICHARD!!
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    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!
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  • “The best DUI attorney available!”
    My wife and I just wanted to express our gratitude for what Mr. Middlebrook has done for our son. We were afraid of the worst possible outcome. Not only did he offer us comfort but he delivered a terrific outcome on the case. We thank you so much and would suggest to anyone that they hire Richard Middlebrook if they should ever need the best damn DUI attorney available!
    - John F
  • “Very knowledgeable and friendly,”
    Called them about a DUI. It was my first and I was just gonna plead no contest. They got they entire case dismissed! I can say it's worth it to at the very least call and see what the lawyers here can do for you. Very knowledgeable, friendly, and they keep you in the loop every step of the way. I am a more than satisfied customer. I couldn't have had a better experience.
    - Matthew W.