The Basics of a DUI

The First Phase - DMV Hearing

If you have been cited, arrested or booked for a DUI, you are probably thinking, what is going to happen to me? Since you are reading this information, you are well ahead of the vast majority of DUI driver's or licensees. There are two phases to the DUI process. The first phase is a hearing with the DMV hearing. You must act quickly to participate in this stage of your defense. In order to contest the suspension of your license you are required to request a hearing from DMV within ten (10) days of your DUI arrest or citation. The request must either be postmarked or received by DMV within(10) days or your arrest or citation. The (10) days includes weekends and holidays.

However, if the tenth day falls on a weekend or holiday, you have until the next business day to request the hearing. We can still make a request to DMV for a hearing if the ten (10) days have passed, however, the DMV has the discretion to deny the request. However, if the (10) days for the hearing have passed, contact the Law Office of Michael E. Mitchell and we will petition DMV for a renewed hearing. Contact the Law Office of Michael E. Mitchell at (559) 588-4013 so that we can make arrangements to request the DMV hearing and preserve your right to retain your driver's license.

The Second Phase - Criminal Court

The second phase of your DUI case is the criminal court DUI is typically prosecuted by the District Attorney's Office of the particular county of California in which you were cited or arrested. For instance, in the Central Valley, if you were cited or arrested in Clovis, California, the DA of Fresno County will be the prosecuting agency. However, if you were cited in a Federal Jurisdiction such as Yosemite or Sequoia National Park, you will be subject to prosecution in Federal Court, usually before a Federal Magistrate. At the Law Offices of Michael E. Mitchell, we are experienced in handling Federal DUI cases.

Our first step in defending the criminal case is to sit down with you and discuss what happened and the details of what you remember. We assess each aspect of your encounter with law enforcement and delve into which errors they possibly made. Usually we acquire the police reports and background for your case at DMV well before your criminal case starts. Our second step, is to use this information to prepare motions and defenses for your criminal case.