DUI Lawyer | Joel Brand, Esq.

Failure to Appear for a DUI Hearing

Failing to appear for a DUI hearing in California can have serious legal repercussions. When a defendant misses a scheduled court appearance, the consequences can range from the issuance of a bench warrant to additional charges and penalties. Understanding the ramifications and the legal processes involved is crucial for anyone facing a DUI charge.

Legal Obligations and Consequences

Legal Obligations

When you are charged with a DUI in California, you are legally obligated to attend all scheduled court hearings. These hearings include the arraignment, pre-trial motions, and the trial itself. The court provides notice of these hearings, typically in the form of a citation, a bail agreement, or a court order.

Immediate Consequences

  1. Bench Warrant: If you fail to appear for your DUI hearing, the judge will likely issue a bench warrant for your arrest (California Penal Code § 978.5). A bench warrant authorizes law enforcement to arrest you and bring you before the court.
  2. Bail Forfeiture: If you were released on bail and fail to appear, your bail will be forfeited (California Penal Code § 1305). This means you lose any money or property posted for your bail.
  3. License Suspension: The DMV may also suspend your driver’s license for failing to appear in court as required (California Vehicle Code § 13365).
  4. Additional Charges: Failing to appear can result in additional criminal charges. Under California Penal Code § 1320, if you were released on your own recognizance or on bail and willfully fail to appear, you could face additional misdemeanor or felony charges, depending on the underlying offense.

Legal Process After Failure to Appear

Bench Warrant Issuance

Once a bench warrant is issued, law enforcement has the authority to arrest you at any time. This can occur during a routine traffic stop, at your home, or even at your place of employment. The warrant will remain active until you address it by appearing in court.

Arrest and Detention

If arrested, you will be taken into custody and brought before the court. You may be held in jail until your next court appearance. In some cases, you may be eligible for release on new bail terms, but this is at the discretion of the judge.

Court Appearance

When you appear in court after a failure to appear, you will need to explain the reasons for your absence. Valid reasons may include medical emergencies, lack of proper notice, or other unavoidable circumstances. It is advisable to provide documentation to support your explanation.

Legal Defenses and Mitigation

Valid Reasons for Missing Court

If you failed to appear due to a legitimate reason, such as a medical emergency or a mistake in the court’s notification process, the court may show leniency. It is crucial to provide evidence, such as medical records or communication logs, to substantiate your claim.

Legal Representation

Hiring an experienced DUI attorney is essential if you have missed a court appearance. An attorney can help you navigate the legal system, present your case to the judge, and work to minimize the penalties. They can also help you arrange a new court date and address any outstanding warrants.

Motion to Recall the Warrant

Your attorney can file a motion to recall the bench warrant. This motion requests the court to cancel the warrant and reschedule your hearing. The success of this motion depends on the reasons for your failure to appear and your history of compliance with court orders.

Avoiding Failure to Appear

Stay Informed

Ensure you receive and understand all court communications. Keep your contact information up to date with the court and your attorney. Missing a court date due to lack of notice is avoidable with diligent communication.

Legal Counsel

Maintain regular contact with your attorney. They can help you keep track of court dates and obligations, reducing the risk of missing a hearing. If you are unsure about your court schedule, consult your attorney immediately.

Personal Responsibility

Take personal responsibility for attending all court hearings. Mark your calendar, set reminders, and make necessary arrangements to ensure your presence in court.

Long-Term Consequences

Criminal Record

Failing to appear for a DUI hearing can result in additional charges on your criminal record. This can impact future employment opportunities, professional licensing, and more.

Increased Penalties

If convicted of the original DUI charge, your sentence may be harsher due to the failure to appear. Judges view non-compliance unfavorably, and this can influence their sentencing decisions.

Civil Liabilities

Forfeiting bail can result in significant financial loss. If someone else posted bail on your behalf, they may seek reimbursement from you, leading to civil liabilities.

Conclusion

Failure to appear for a DUI hearing in California can lead to severe legal consequences, including bench warrants, additional charges, and increased penalties. It is crucial to understand your legal obligations and the importance of attending all scheduled court appearances. Hiring an experienced DUI attorney can provide valuable guidance and representation, helping you navigate the complexities of the legal system and mitigate the consequences of any missed court dates.

Citations

  1. California Penal Code § 978.5
  2. California Penal Code § 1305
  3. California Vehicle Code § 13365
  4. California Penal Code § 1320