DUI Lawyer | Joel Brand, Esq.

Preliminary Hearing in a DUI Case

Introduction

In California, the preliminary hearing is a crucial stage in a felony DUI case. It serves as a checkpoint to determine whether there is sufficient evidence to proceed to trial. Understanding the intricacies of the preliminary hearing can significantly impact the outcome of a DUI case. This article delves into the purpose, process, and strategic considerations of a preliminary hearing in a DUI case, providing a comprehensive overview for those facing such charges.

Purpose of the Preliminary Hearing

The primary purpose of the preliminary hearing is to determine whether there is “probable cause” to believe that the defendant committed the crime they are charged with. Probable cause is a lower standard of proof than “beyond a reasonable doubt,” which is required for a conviction at trial. If the judge finds that there is enough evidence, the defendant will be “held to answer,” and the case will move forward to trial.

Legal Framework

Under California Penal Code Section 872, a preliminary hearing is required in felony cases, including felony DUI charges. The prosecution must present evidence to show that a crime was committed and that the defendant is likely the one who committed it. The defense has the opportunity to cross-examine witnesses and present their own evidence, although this is less common at this stage.

Process of the Preliminary Hearing

  1. Scheduling: The preliminary hearing is typically scheduled within 10 court days of the arraignment, although continuances can be requested.
  2. Prosecution’s Case: The prosecution presents its evidence first, usually through the testimony of the arresting officer and any other relevant witnesses. Evidence may include the officer’s observations, results of field sobriety tests, breathalyzer or blood test results, and any other pertinent information.
  3. Cross-Examination: The defense has the right to cross-examine the prosecution’s witnesses. This can be an opportunity to challenge the credibility of the evidence, expose weaknesses in the prosecution’s case, and gather information for later stages of the trial.
  4. Defense’s Case: The defense can present evidence and witnesses, although this is not commonly done at the preliminary hearing stage. The primary goal is often to challenge the sufficiency of the prosecution’s evidence rather than to present a full defense.
  5. Judge’s Decision: After both sides have presented their cases, the judge will decide whether there is enough evidence to hold the defendant to answer for the charges. If the judge finds sufficient evidence, the case will proceed to trial. If not, the charges may be dismissed, although the prosecution may still refile the case.

Strategic Considerations

  1. Discovery: The preliminary hearing provides an opportunity for the defense to obtain discovery. Cross-examining witnesses can reveal details about the prosecution’s case and help the defense prepare for trial.
  2. Dismissal or Reduction of Charges: In some cases, the defense may be able to argue for a reduction of charges or dismissal of the case if the evidence is insufficient. For example, if the evidence does not clearly show that the defendant was driving under the influence, the judge may dismiss the DUI charge.
  3. Setting the Stage for Plea Bargaining: The outcome of the preliminary hearing can influence plea negotiations. If the prosecution’s case is shown to be weak, the defense may have more leverage in negotiating a favorable plea deal.
  4. Evaluating Witness Credibility: The preliminary hearing allows the defense to assess the credibility of the prosecution’s witnesses, which can be crucial for trial strategy.

Common Evidence and Challenges

  1. Field Sobriety Tests (FSTs): The reliability of FSTs can be challenged based on the conditions under which they were administered and the defendant’s physical or medical condition.
  2. Chemical Tests: Breathalyzer and blood test results can be contested based on issues such as improper calibration of devices, incorrect administration of the test, or mishandling of samples.
  3. Officer’s Testimony: The defense can challenge the observations and conclusions of the arresting officer, including the basis for the initial traffic stop and the officer’s interpretation of the defendant’s behavior.

Potential Outcomes

  1. Held to Answer: If the judge finds probable cause, the defendant will be held to answer, and the case will proceed to trial. The prosecution may file an information detailing the charges within 15 days.
  2. Dismissal of Charges: If the judge finds insufficient evidence, the charges may be dismissed. However, the prosecution can refile the case with additional evidence.
  3. Reduction of Charges: In some cases, the judge may reduce the charges, such as from a felony to a misdemeanor, if the evidence does not support the higher charge.

Conclusion

The preliminary hearing is a pivotal stage in a felony DUI case, providing a critical opportunity for the defense to challenge the prosecution’s evidence and set the stage for a favorable outcome. Understanding the process, strategic considerations, and potential outcomes can greatly benefit individuals facing DUI charges. Consulting with an experienced DUI attorney is essential to navigate this complex legal terrain and achieve the best possible result.

Citations

  1. California Penal Code Section 872
  2. People v. Uhlemann (1973) 9 Cal.3d 662
  3. California Vehicle Code Section 23152