The Santa Cruz DUI Process:
What Happens After You’re Arrested
A step-by-step guide from arrest to resolution, written by a local defense attorney who has navigated this process thousands of times.
IMMEDIATE ACTION REQUIRED
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IMMEDIATE ACTION REQUIRED ⚠
If you were arrested for DUI in Santa Cruz, you have 10 days from the date of arrest to request a DMV hearing. Miss that window and your license will be automatically suspended—no hearing, no second chance. Call (833) 543-7703 to request the hearing, you can also go through your DMV portal. And feel free to call my office at 831-426-5800, for further directions.
Being arrested for DUI is one of the most disorienting experiences a person can face. You were likely released from the sobering center or county jail with two pieces of paper—a ticket (the charges against you) and a pink temporary license—and very little explanation of what comes next. The process ahead involves two entirely separate legal tracks, and the decisions you make in the first few days have real consequences for your license, your record, and your future.
I've been handling DUI cases in Santa Cruz County since 1990. I've represented more than 2,500 individuals through this process, from first-time arrests to serious felony charges. This page exists to give you a picture of what to expect at every stage, so that anxiety gives way to understanding, and understanding gives way to a plan.
The DUI process in California is not simple. It runs on two parallel tracks—the DMV administrative process and the criminal court process—and the outcome of each can affect the other. Neither track should be ignored, and timing matters in both.
ON THIS PAGE
Step 1. The arrest and what you walk out with
Most DUI arrests in Santa Cruz follow a similar pattern. You were pulled over (often for a traffic violation, sometimes at a checkpoint, possibly you were contacted at the site of a traffic collision), and the officer observed signs that led to a DUI investigation. That investigation typically included field sobriety tests, a roadside preliminary alcohol screening (PAS) device, and a more formal evidentiary breath or blood test following arrest.
If the officer determined you were impaired, you were arrested and transported to either the Santa Cruz County sobering center or the jail, depending on your circumstances. When you were released, you were handed two documents that most people stuff in their pocket and try to forget. Don't, they are more important than they appear.
The ticket (notice to appear)
The ticket is a small yellow carbon copy that lists the charges against you and your court date, typically scheduled approximately four weeks from the date of arrest. The charges you'll most commonly see are VC 23152(a), driving under the influence of alcohol, and VC 23152(b), driving with a blood alcohol content (BAC) of .08 percent or greater. If you were arrested for drug impairment or marijuana, the charges will reference VC 23152(e) or (f). If there was an injury, you will likely see VC 23153. Bring/email that ticket to any attorney you speak with. The court date and charges are the first things we'll want to know.
The pink temporary license
The pink piece of paper is a 30-day temporary driver's license. It is valid (assuming you had a valid license before your arrest). But it contains a critical warning buried in small print: if you do not contact the DMV within 10 days to request a hearing, your license will be automatically suspended when those 30 days expire. The paper provides a Sacramento phone number to call. That number routes you to a long recording with no option to actually request a hearing. The correct number is (833) 543-7703. You can also use your DMV portal.
ATTORNEY'S ADVICE
While the arrest is still fresh, take three steps that could matter later: (3) Photograph the exact location where you performed the roadside tests—cracked pavement, a slope, poor lighting, or debris near your feet can all support a defense challenge. (1) Gather any evidence of what you consumed and when—receipts, witnesses who were present, or even surveillance footage from the establishment. (2) Write down everything you remember about the stop, the officer's instructions, and the tests while your memory is clear.
Step 2. Understanding the two-track system
This is the part that surprises many people. A DUI arrest in California doesn't start one legal process—it starts two, running simultaneously and independently of each other.
Track 1: The DMV administrative process
This is a civil action by the Department of Motor Vehicles to suspend your driving privileges. It is entirely separate from the criminal case. The DMV does not care whether you are ultimately convicted in court—they are concerned only with the administrative evidence surrounding your arrest.
Track 2: The criminal court process
This is the prosecution brought by the Santa Cruz County District Attorney's office. It determines whether you are convicted of a crime, the penalties you may face, and the long-term impact on your record.
Where they intersect
A criminal conviction for DUI can trigger additional license consequences through the DMV. A win at the DMV hearing, however, does not mean the criminal case is dismissed, and vice versa. Managing both tracks simultaneously and strategically is one of the most important things a DUI attorney does.
Most people who try to navigate this alone focus on the court date listed on their ticket and forget entirely about the DMV. By the time they realize the DMV suspended their license, the 10-day window to contest it has already closed. Don't let that happen to you.
Track 1. The DMV administrative process
Requesting the hearing: the 10-day rule
You have exactly 10 days from the date of your arrest to request a DMV administrative hearing. "10 days" means 10 calendar days—not business days. If the 10th day falls on a weekend or holiday, call anyway and document that you attempted to contact them. Better yet, don’t wait until the 10th day. The hearing must be requested from the Driver Safety Office that handles Santa Cruz County; the phone number at the top of your pink license typically routes to a general line. Call (833) 543-7703 directly, or use the DMV portal.
In almost all cases, it makes sense to request this hearing—even when you believe there is no chance of winning. Requesting the hearing delays the suspension, buys time to review the evidence, and gives your attorney a formal opportunity to examine the arrest records before any court appearances take place. It is rarely a losing move to request it.
What the DMV hearing is and isn't
The DMV administrative hearing is not a criminal proceeding. There is no jury, no judge in the traditional sense—the hearing officer is a DMV employee, not a member of the judiciary. Administrative regulations govern what evidence is admissible. This creates a different legal landscape than a courtroom, and in some ways a more favorable one. Procedural and technical issues that might not rise to the level of a full defense in court can be dispositive at a DMV hearing.
The hearing focuses on a narrow set of questions: Was there reasonable cause to believe you were driving? Were you lawfully arrested? Was your BAC .08 or higher at the time of driving? You have the right to appear at the hearing, review and challenge the evidence, call witnesses, cross-examine the officer, and present your own testimony. Preparation is everything.
WHAT I LOOK FOR AT DMV HEARINGS
I have decades of experience identifying the procedural and evidentiary issues that can turn a DMV hearing in your favor. These include: whether the officer had lawful grounds to stop your vehicle; whether the chemical test was administered within the required time of driving; whether the testing device was properly calibrated and maintained; and whether Title 17 regulations governing blood and breath testing were followed correctly. These are the "technicalities" people dismiss—but at the DMV, they can win your case.
Possible outcomes of the DMV hearing
If the hearing officer rules in your favor, your suspension is "set aside" and your license is preserved. If the ruling goes against you, your license is suspended—but that suspension may be stayed (delayed) if you install an ignition interlock device (IID) and take other qualifying steps. The length of the suspension depends on whether this is a first offense, whether you refused chemical testing, and your prior history.
License reinstatement after suspension
If your license is suspended, either through a DMV hearing loss or an automatic suspension, reinstatement involves several steps: enrollment in a California DUI education program, filing an SR-22 insurance form with the DMV, paying a reinstatement fee, and in most cases installing an ignition interlock device (IID). The IID is a breathalyzer wired into your ignition. You blow into it before starting your car and periodically while driving. If court-ordered, it must be installed by an authorized supplier who reports the installation to the DMV. Miss any step, and your reinstatement stalls. I guide my clients through every requirement so nothing falls through the cracks. Even with careful handling, the DMV process can be difficult.
Track 2. The criminal court process
The criminal court case is separate from the DMV hearing and follows its own timeline. It unfolds in the Santa Cruz County Superior Court, and it determines whether you are convicted of a crime—and if so, what the consequences are. Understanding each stage helps you make informed decisions at every step.
Stage 1: Arraignment
Your arraignment is the first court appearance, usually scheduled approximately four weeks after your arrest. This is the hearing listed on your ticket. Its purpose is formal: you are advised of the charges against you and asked to enter a plea of guilty, not guilty, or no contest. In virtually every case, entering a "not guilty" plea at arraignment is the right move—it preserves your options and allows your attorney time to review the evidence and explore defenses before any decisions are made. If you have hired an attorney, they can often appear at arraignment on your behalf under California Penal Code Section 977, so you may not need to be present for a misdemeanor.
Stage 2: Pretrial conference (or "pretrial")
The pretrial conference is typically the first hearing where meaningful work gets done on your case. Your attorney has reviewed the discovery—the police report, the chemical test results, the officer's body camera footage if available, and any other evidence the prosecution intends to use. This is also the stage at which your attorney conferences with the prosecutor and judge about the case, discusses any weaknesses in the evidence, and begins to explore whether a plea disposition makes sense or whether the case should go to trial.
Santa Cruz has its own culture when it comes to DUI prosecution. Familiarity matters—knowing how they approach these cases, what arguments resonate, and what a reasonable plea offer looks like versus a weak one is beneficial.
Stage 3: Pretrial motions
Before a trial, your attorney may file motions to challenge the admissibility of evidence. Common DUI motions include a motion to suppress based on an unlawful traffic stop, a challenge to the admissibility of the chemical test results due to procedural violations, or a motion to dismiss based on other constitutional violations. A successful suppression motion can result in the prosecution having insufficient evidence to proceed—sometimes leading to a dismissal without a trial.
Stage 4: Plea negotiations and settlement
The majority of DUI cases resolve at the plea negotiation stage—not at trial. A negotiated resolution might involve a reduction of the charge from a DUI to a "wet reckless" (VC 23103/23103.5), which carries lower penalties, no mandatory license suspension under the Vehicle Code, and is often significantly less damaging to employment. It might also involve a standard DUI conviction with reduced penalties, or in some cases, a dismissal based on evidentiary issues. The strength of the negotiated outcome depends almost entirely on the quality of your defense preparation—which is why the work done in earlier stages matters so much.
WHAT IS A "WET RECKLESS"?
A "wet reckless" is a charge of reckless driving with the notation that alcohol was involved—VC 23103, plea entered pursuant to VC 23103.5. It is a common and often favorable resolution in DUI cases where the evidence is strong but not airtight. It carries lower fines, shorter probation, and no mandatory DMV-triggered license suspension (though the DMV and court can still use it as a prior offense in future proceedings). Whether a wet reckless is achievable depends on the specific facts of your case and the quality of the defense built around it.
Stage 5: Trial
If your case does not resolve through negotiation, you have the constitutional right to a jury trial. A DUI jury trial involves selecting jurors, presenting evidence, cross-examining the prosecution's witnesses (including the arresting officer and any expert witnesses), and presenting your own defense. Field sobriety test results can be challenged. Breathalyzer results can be questioned based on calibration records, operator error, and the inherent limitations of the technology. Blood test results can be challenged based on chain of custody and laboratory procedures. If the jury is not convinced of your guilt beyond a reasonable doubt, you are acquitted.
Jury trials are not the right choice in every case—they require a significant investment of time and carry risk, not to mention drama and expense. But they are sometimes the best path, and they are always an option. I evaluate each case individually, advise my clients honestly about the strengths and risks, and prepare thoroughly when a trial is the right strategy.
Stage 6: Sentencing
If you are convicted—either by plea or verdict—sentencing follows. A judge determines the penalties within the range prescribed by California law and the terms of any plea agreement. At sentencing, your attorney advocates for the most favorable outcome: minimum fines, the Custody Alternative Program (CAP) in lieu of actual jail time, shorter probation, and conditions that better fit your circumstances.
Step 5. Field sobriety tests, breath tests, and your defense
One of the most common things people who have been arrested for driving under the influence say is: "I blew over .08—there's nothing I can do." That assumption is often wrong. The evidence against you is only as strong as the procedures used to collect it.
Field sobriety tests
Field sobriety tests—the walk-and-turn, the one-leg stand, the horizontal gaze nystagmus—measure balance, coordination, and multitasking ability. They do not directly measure intoxication. A person with an inner ear condition, a knee injury, anxiety, or simply poor coordination on a dark cracked sidewalk at 1 a.m. can fail these tests without being impaired. If you performed these tests on uneven pavement, a slope, in poor lighting, or while wearing inappropriate footwear, those facts matter. Officers must administer these tests according to specific standardized procedures, and deviations from those procedures can undermine the reliability of the results. That's why it is wise to photograph the test location soon after release.
It's also worth noting that field sobriety tests are voluntary. Officers are not required to explain this—and most don't. You have the right to decline them.
Breath tests and breathalyzer reliability
The evidentiary breathalyzer test administered after your arrest is more formal than the roadside PAS device, but it is not infallible. These machines must be maintained, calibrated, and operated correctly. Records of maintenance and calibration are discoverable—and gaps in those records or improper procedures can form the basis of a challenge to the result. Certain medical conditions, diets, and even the timing of the test relative to your last drink can affect the accuracy of breathalyzer readings. The law requires the test to be performed within three hours of driving; procedural violations of Title 17 regulations can render the test results unreliable.
Blood tests
Blood tests are generally considered more accurate than breath tests, but they are not immune from challenge. Chain of custody—the documented handling of your blood sample from collection through analysis—must be unbroken. Laboratory procedures must be followed precisely. Improper storage, sample contamination, or fermentation within the sample can produce falsely elevated BAC results. When blood evidence is involved, I review the complete laboratory records and, when warranted, retain an independent expert to evaluate the methodology.
DO NOT SPEAK TO POLICE WITHOUT AN ATTORNEY PRESENT
Whatever the circumstances of your arrest, the most damaging thing most people do afterward is try to explain themselves to law enforcement. You have the right to remain silent. Exercise it—politely, but firmly: "I'd prefer to speak with an attorney before answering any questions." Statements made without counsel can surface at both the DMV hearing and the criminal trial in ways that are very difficult to undo. There is an important exception to this general rule: you do not have the right to remain silent when the officer offers you a blood or breath test. You must affirmatively state “Yes” to one of those post-arrest tests, or your license will be suspended for a year or more.
Step 6. Potential penalties at a glance
FIRST OFFENSE DUI (MISDEMEANOR)
VC 23152(a)/(b)
Fines: Approximately $1,960
Probation: 3–5 years informal
DUI school: 3 or 9 months
License suspension: 6 months often IID restriction available
Jail: Actual jail, rare. “Jail” often served via CAP (Custody Alternative Program, electronic monitor or community service)
SR-22 insurance required
THIRD OFFENSE DUI (MISDEMEANOR)
Within 10 years of prior two
Fines: Even higher than second offense
DUI school: 18 months
License revocation: 3 years
Jail: 120 days–1 year; CAP sometimes available
SR-22 insurance required
SECOND OFFENSE DUI (MISDEMEANOR)
Within 10 years of prior
Fines: Higher than first offense
Probation: 3–5 years informal
DUI school: 18 months
License suspension: 2 years, often IID option available
Jail: Significantly increased over the first offense; CAP (Custody Alternative Program, electronic monitor or community service)
SR-22 insurance required
FELONY DUI
4th+ offense or injury/death involved
Potential state prison: 16 months to 10+ years depending on facts
License revocation: 4 years or permanent
Restitution to injured parties
Habitual Traffic Offender designation
Felony on your permanent record
Potential strike under California's Three Strikes Law
A NOTE ON JAIL TIME
It is rare that a first or even second DUI conviction results in actual jail time in Santa Cruz—meaning time spent in a cell. What typically happens is a jail sentence that is served through the Custody Alternative Program (CAP), which involves electronic monitoring, reporting requirements, or participation in community service activities for the Sheriff's Department. This is not guaranteed, and it depends on the facts of the case and the quality of your representation at sentencing.
Step 7. Possible outcomes: Dismissal, reduction, and sentencing
Understanding the range of possible outcomes—and what makes each one achievable—is one of the most valuable things an experienced DUI attorney can provide. Cases are not all the same, and results vary widely based on the specific facts, the strength of the evidence, and the quality of the defense.
Dismissal: The case is dropped entirely. This happens when evidence is suppressed due to a constitutional violation, when the prosecution cannot proceed due to evidentiary deficiencies, or when procedural errors undermine the case. Extremely uncommon, but achievable with the right facts and the right defense.
Charge reduction to "wet reckless" (VC 23103.5): A negotiated reduction to reckless driving involving alcohol. Lower fines, shorter probation, and no court-triggered license suspension. Often the best achievable outcome when evidence of impairment is strong but there are real questions about the quality of the evidence.
"Dry reckless" (VC 23103 without 23103.5): A charge of reckless driving without any alcohol notation. Rare, but achievable in some cases. Has none of the "prior DUI" implications of a wet reckless in future proceedings.
DUI conviction: The most common outcome. When a conviction is unavoidable, effective representation focuses on achieving the minimum fines, probation terms, and alternative sentencing options. The difference between a well-represented client and an unrepresented one at this stage can be significant—in cost, in time, and in the conditions imposed.
Trial acquittal: When the evidence is genuinely contested and the case is taken to a jury, an acquittal is a real possibility. So is a conviction. A jury trial requires thorough preparation, skilled cross-examination, and a defense theory the jury can believe. Whether this is the proper choice in your DUI case requires a balanced look at the amount of time, expense, and drama (jury trials generally last 7-10 days) that will go into this effort.
I won't tell you what you want to hear. I'll tell you what the evidence shows, what the risks are, and what I believe is achievable. That's not pessimism. It's how you make good decisions in difficult circumstances.
Your future is worth protecting. Let's discuss your case.
More than 35 years of criminal defense. More than 2,500 DUI clients. Every case handled personally, with honesty and skill.
Schedule a Free Consultation 831-426-5800
I often respond on weekends and evenings. thorntonlaw@me.com
Frequently Asked Questions
The questions John Thornton hears most often from people who were just arrested for DUI in Santa Cruz County — answered directly, without legal jargon.
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Several things are important. First, request your DMV hearing within 10 calendar days of your arrest by calling (833) 543-7703, or visit the DMV portal. Miss that deadline, and your license will be automatically suspended with no opportunity to contest it.
Second, preserve evidence while your memory is clear. Photograph the exact location where you performed the roadside field sobriety tests — note the surface (cracked pavement, gravel, a slope), the lighting, and anything else unusual about the conditions. Write down everything you remember about the stop: what the officer said, what instructions you were given, and the sequence of events. Gather any receipts, witnesses, or surveillance footage that documents what you consumed and when.
These details are better gathered in the first few days than they will be three weeks later. And then, call an attorney. The earlier in the process you have counsel, the more options are available to you — and most of us will talk to you for free.
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You have exactly 10 calendar days from the date of your arrest. This is calendar days, not business days. If your arrest occurred on a Friday, the clock starts that day.
The correct number to call is (833) 543-7703, which reaches the DMV Driver Safety Office that handles Santa Cruz County. The phone number printed on your pink temporary license often routes to a general recording with no option to actually schedule a hearing. Use the number above, or visit the DMV portal.
Requesting the hearing is almost always the right move, even if you believe the case against you is strong. It delays the suspension, preserves your driving privileges during the review period, and gives your attorney the opportunity to examine the arrest evidence before any court appearances.
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Your driver's license will be automatically suspended when your 30-day temporary license expires — no hearing, no opportunity to challenge the evidence, no second chance. The DMV does not accept late hearing requests due to oversight or confusion about the deadline.
Once the suspension takes effect, your options are limited to applying for a restricted license or an ignition interlock device (IID) restricted license, depending on your history and the circumstances of the arrest.
This is one of the most common and most costly mistakes DUI defendants make, and it is entirely avoidable. If you are reading this and the 10-day window has already closed, call my office anyway. There might still be steps available depending on your specific situation.
Your 10-day window to request a DMV hearing is already running. Don't let it close without acting.
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For most misdemeanor DUI charges in Santa Cruz, no. Under California Penal Code Section 977, your attorney can waive your appearance and appear at the arraignment on your behalf. This means you will not need to take time off work or travel to the courthouse for the first hearing.
I routinely appear at arraignments on behalf of my clients, including those who live in Watsonville, Scotts Valley, or elsewhere in the county, so that their first court appearance does not disrupt their work or family schedule.
If you are facing a felony DUI charge, your presence is generally required, and we will discuss what to expect in detail before that date.
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It is rare for a first-offense DUI in Santa Cruz to result in actual custody in a jail cell. California law technically allows up to six months in county jail for a first misdemeanor DUI, but in practice, that sentence is almost always served through the Santa Cruz County Custody Alternative Program (CAP).
CAP allows the jail component of a sentence to be served through electronic monitoring (an ankle bracelet worn at home), participation in the Sheriff's Department community service activities, or a combination of both, meaning you can continue working and living at home while satisfying the court's requirements.
This is not guaranteed, and it depends on the facts of the case, your record, and the quality of your representation at sentencing. I work to ensure my clients understand all available alternatives to actual custody and to advocate for the most favorable conditions the court will allow.
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A "wet reckless" is a negotiated reduction of a DUI charge to reckless driving under Vehicle Code Section 23103, with a notation under VC 23103.5 that alcohol was involved. In most circumstances, it is a significantly better outcome than a DUI conviction.
A wet reckless carries lower fines, shorter probation, and critically, no mandatory court-triggered license suspension (though the DMV can still act independently on your driving record). It also carries less stigma in employment and professional licensing contexts than a DUI conviction on your record.
The tradeoff: a wet reckless can still be used as a prior DUI offense in any future proceedings within a 10-year lookback period, so it is not a clean slate. Whether a reduction is achievable in your case depends on the specific facts, the strength of the prosecution's evidence, and the quality of the defense built before negotiations begin.
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No. A BAC reading above .08 is evidence. It is not a guaranteed conviction. The result is only as reliable as the procedures used to obtain it, and there are several legitimate grounds on which breathalyzer results can be challenged.
The testing device must be properly calibrated and maintained according to strict schedules, and those records are discoverable. The test must be administered by a certified operator following correct procedures. Title 17 of the California Code of Regulations governs blood and breath testing, and violations of those regulations can render results unreliable. Certain medical conditions, dietary states, and the timing of the test relative to your last drink can all affect the accuracy of the reading.
"Rising BAC" — where your blood alcohol was still climbing at the time of driving and only reached .08 by the time the test was administered — is also a recognized defense theory in California. A reading above the legal limit starts the conversation. It does not end it.
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No. Standardized field sobriety tests: the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus, are voluntary in California. Officers are not required to inform you of this, and most do not. You have the right to politely decline.
Whether that is wise under the circumstances of your interaction with the officer is not an easily answered question.
The preliminary alcohol screening (PAS) breath test administered at the roadside is also generally voluntary for drivers 21 and over who are not on DUI probation. California's implied consent law does require you to submit to a chemical test — breath or blood — after a lawful arrest, but that is a different and more formal procedure than the roadside tests.
The distinction matters. Declining a pre-arrest roadside breath test removes evidence the prosecution might otherwise use. Refusing the post-arrest chemical test is a separate matter: it triggers an automatic 1-year DMV suspension and can be introduced against you in court. If you are ever in this situation, the safest approach is to comply with the post-arrest chemical test while saying nothing further without an attorney present.
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A DUI conviction stays on your California driving record for 10 years from the date of the conviction. During that period, it can be used as a prior offense to elevate charges and penalties if you are arrested for a subsequent DUI. After 10 years, it is no longer counted as a prior for DUI sentencing purposes, though it may still appear on a full driving history report.
On your criminal record, a misdemeanor DUI conviction remains indefinitely unless it is expunged under Penal Code Section 1203.4. Expungement does not erase the conviction entirely, but it does allow you to answer "no" to most private employer questions about prior convictions.
The distinction between your driving record and your criminal record matters. They are maintained by different agencies and affect different aspects of your life — from insurance rates to background checks to professional license applications.
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For a DUI arrest in Santa Cruz County, a local attorney is a meaningful practical advantage. Every case in this county is heard before the same Santa Cruz County Superior Court judges and prosecuted by the same District Attorney's office.
An attorney who appears regularly in that courthouse knows how individual judges approach DUI sentencing, which arguments resonate with the prosecutors who handle these cases, what a genuinely reasonable plea offer looks like versus a weak one, and the unwritten norms that govern how this specific court operates.
I have practiced exclusively in Santa Cruz County since 1990. I have appeared before these judges and worked across from these prosecutors for years. That familiarity has practical value for my clients in the quality of the negotiations, the realistic assessment of risk before trial, and the outcomes achieved at sentencing.
Related practice areas
Every DUI case has its own facts and circumstances. For more specific guidance, visit the pages below: