A felony case starts off with an arraignment, just like a misdemeanor DUI.  However, the defendant then has the right to have a Preliminary Hearing, also called a Preliminary Examination.  This is a significant procedural difference from misdemeanor cases, and presents certain opportunities for criminal defendants.

The Preliminary Hearing is designed to prevent criminal defendants from languishing in jail after being arrested on false charges.  It is a safeguard, so that a neutral magistrate can determine whether there is sufficient evidence to “hold the defendant to answer” for trial, or whether the case should be thrown out.  The standard for a judge to allow a case to go forward is considerably lower than proof beyond a reasonable doubt, but it is designed to protect those who stand accused.

Since criminal defendants (and their lawyers) are not allowed to take depositions of those involved in the case, the Preliminary Hearing may be the only opportunity to cross-examine witnesses, and pin down their testimony, before the case goes to a jury trial.  Because of this, the Preliminary Hearing, which is available only in a felony case, provides an excellent opportunity to develop helpful information.

If the defendant is “held to answer” for trial following the Preliminary Hearing, the defense lawyer has an opportunity to challenge that order prior to trial, by way of a Penal Code § 995 motion.  This is yet another way in which misdemeanor and felony DUI charges are contested differently.

After the Preliminary Hearing, and any other pretrial motions, the felony DUI case then proceeds to trial, where the motorist must be proven guilty beyond a reasonable doubt in order to be convicted.  Where the felony DUI charges are grounded in prior DUI convictions, those convictions are generally not introduced in the current trial.  Those issues are “bifurcated,” since that information would be more prejudicial against the defendant, and would not be helpful in determining whether or not the accused motorist was guilty on the day in question.  They would only serve to inflame the passions of the jurors.

Whether you stand accused of a misdemeanor DUI, or a felony DUI, an experienced DUI defense lawyer will know just how to shepherd your case properly to ensure that your interests are protected.

Jail means jail, right?  Not necessarily.  There are alternatives to having to go to county jail.  The alternatives available will vary from county to county, and even court to court within a given county.  However, an experienced DUI defense lawyer will be familiar with these options, and will be your best hope to negotiate one that meets your needs best.

Electronic Monitoring.  An ankle bracelet, with or without a sensor that detects alcohol consumption by monitoring excretions from the skin.  Electronic monitoring programs offer flexibility by allowing the subject to leave their home at authorized times, including work, alcohol education programs, grocery shopping, religious services, etc.

Community Service.  Working in an approved program can be a substitute for jail (or fines).  Community service is generally not hard physical labor, and is especially desirable for someone with injuries or other limitations.

Cal-Trans Work.  This is more physically demanding work, such as picking up trash by the side of the freeway.  Tough work?  Sure.  Going home afterwards, taking a hot shower, eating a good meal, and sleeping in your own bed (with no unwanted roommates)?  Priceless.

Work Furlough.  A dorm-like setting where participants go to work during the day, and return at night by a specified time.  Since the only allowable release is for work, generally weekends are spent in the Work Furlough environment too.

Drug Rehabilitation/Sober Living Environments.  When ordered as a condition of release pending the resolution of the case, or as part of a sentence, these environments offer an attractive alternative to jail for those struggling with alcohol or drug addiction.  Time spent in rehab can count as time spent in jail, but it will likely require the efforts of an attorney to ensure that the proper credits are awarded.

Options and alternatives to jail are available; the first step in obtaining favorable treatment is to consult with a lawyer who is experienced in getting these favorable results.