Leveraging Continuances in DUI Cases

Continuances are an essential tool in the arsenal of a California DUI attorney. They are requests made to the court or DMV hearing officer to delay proceedings to a later date. While some may view them as mere stalling tactics, experienced attorneys understand that continuances can be used strategically to achieve a better outcome for the client. However, like any tool, they must be used intelligently and appropriately. This article will delve into the reasons an attorney might request a continuance in both court trials and DMV hearings, as well as the potential benefits and drawbacks.

What is a Continuance?

A continuance is a legal request to postpone a court trial, DMV hearing, or other legal proceeding to a later date. In the context of a DUI case, continuances can be requested by either the defense or the prosecution for various reasons, ranging from the need for more time to prepare a case to the unavailability of a key witness. The granting of a continuance is at the discretion of the judge or hearing officer, who will consider whether the delay is justified and in the interest of justice.

Strategic Reasons for Requesting a Continuance

Continuances are not simply a delay tactic; they are a strategic tool that can be used to the client’s advantage in several ways. Here are some of the reasons a DUI attorney might request a continuance:

Aligning DMV and Court Suspensions:
- One of the most strategic uses of a continuance is to align the DMV license suspension with the court-imposed license suspension. By timing the DMV hearing and the court trial so that the suspensions overlap, an attorney can reduce the total time the client is without a license. For example, if the DMV imposes a 4-month suspension and the court imposes a 6-month suspension, aligning these suspensions can ensure that the client does not serve the full 10 months of suspension.
Additional Preparation Time:
- DUI cases often involve complex legal and scientific issues, such as the accuracy of breathalyzer tests or the validity of field sobriety tests. A continuance can provide the defense team with additional time to gather evidence, consult with experts, and build a robust defense. More time can also be used to analyze discovery materials provided by the prosecution, allowing the defense to identify weaknesses in the state’s case.
Negotiation Leverage:
- A continuance can be used to increase negotiation leverage. As cases age, prosecutors may become more willing to negotiate a plea deal, especially if their witnesses become unavailable or their evidence weakens. Additionally, a continuance might be used to time negotiations with a change in prosecutorial policy or the appointment of a more lenient judge.
Availability of the Defense Attorney:
- Continuances can also be requested to ensure that the defense attorney is available and fully prepared to handle the case. This is particularly important in complex DUI cases that require the full attention and expertise of the attorney.
Changed Circumstances:
- Over time, new evidence may come to light, or circumstances may change that could impact the case. For example, a witness’s credibility might be called into question, or new scientific developments might cast doubt on the reliability of breathalyzer tests. A continuance allows time for these changes to be factored into the defense strategy.
Court and Witness Fatigue:
- Judges, prosecutors, and witnesses may become fatigued as cases drag on. A well-timed continuance can take advantage of this fatigue, potentially leading to more favorable outcomes. For instance, a prosecutor might be more inclined to offer a plea deal if they are eager to clear old cases from their docket. Similarly, key witnesses, such as arresting officers, might relocate, retire, or become otherwise unavailable, weakening the prosecution’s case.
Testing the Prosecution’s Resolve:
- Continuances can test the resolve of the prosecution. They must keep their case and witnesses active and prepared over an extended period. This can be challenging, particularly in cases where witnesses are not readily available or evidence is not well-preserved. If the prosecution is unable to maintain its case, it may be more likely to offer a favorable plea deal or even dismiss the charges.
Changing Court Procedures and Judicial Offers:
- Over time, court procedures and judicial offers can change, sometimes to the advantage of the defense. A continuance can provide time for these changes to take effect, potentially leading to a more favorable outcome. For example, a new judge might be more sympathetic to the defense’s arguments, or a change in policy might lead to more lenient sentencing guidelines.

Potential Drawbacks of Continuances

While continuances can be a powerful tool, they are not without their drawbacks. Some potential downsides include:

Prolonged Uncertainty and Stress for the Client:
- Continuances extend the duration of the legal process, which can prolong the uncertainty and stress for the client. This can be particularly challenging in DUI cases, where the client may be facing the loss of their driving privileges, fines, and even jail time.
Judicial Frustration:
- Judges may become frustrated with excessive delays, particularly if they perceive the continuances as unnecessary or as an attempt to game the system. This frustration can lead to less favorable rulings for the defense and a more stringent application of the law.
Higher Legal Costs:
- Continuances can lead to higher legal costs for the client, as each additional court appearance or hearing preparation requires the attorney’s time and resources. This can be a significant financial burden, particularly in cases that drag on for months or even years.
Appearance of Gaming the System:
- Multiple continuances may give the appearance that the defense is attempting to game the system or avoid justice. This can impact the judge’s perception of the case and lead to harsher penalties if the client is ultimately convicted.

Continuances in DMV Hearings and DUI Court Trials

Continuances play a crucial role not only in criminal court trials but also in DMV hearings related to DUI cases. Understanding how and when to request a continuance in these different settings is vital for achieving the best possible outcome.

DMV Administrative Per Se (APS) Hearings:
- After a DUI arrest in California, the DMV conducts an Administrative Per Se (APS) hearing to determine whether the driver’s license should be suspended. This hearing is separate from the criminal court process and focuses solely on the status of the driver’s license. An attorney might request a continuance in a DMV hearing to gather more evidence, prepare for the hearing, or align the timing of the DMV suspension with the court suspension. For example, by delaying the DMV hearing, an attorney can attempt to have the DMV suspension run concurrently with a court-imposed suspension, thereby reducing the total period during which the client’s driving privileges are affected.
DUI Court Trials:
- Continuances in DUI court trials are requested for many of the reasons discussed above. However, the strategic considerations may differ slightly from those in a DMV hearing. In court, the defense might request a continuance to allow for the resolution of motions (e.g., a Pitchess motion to obtain police personnel records), to await the outcome of a related case that could impact the DUI case, or to allow time for expert witnesses to be available to testify. Additionally, in more severe DUI cases involving prior convictions or aggravating factors, a continuance might be used to negotiate a better plea deal or prepare for a more vigorous defense at trial.

Conclusion

Continuances are a multifaceted tool in the defense of DUI cases in California. When used strategically, they can provide significant advantages, such as aligning DMV and court suspensions, gaining negotiation leverage, and allowing for more thorough case preparation. However, continuances must be used judiciously to avoid potential drawbacks such as judicial frustration, higher legal costs, and prolonged stress for the client. Understanding the strategic application of continuances in both DMV hearings and DUI court trials is essential for any attorney aiming to achieve the best possible outcome for their client.