A crime under California law, which carries a minimum sentence of at least one year in the state prison, is defined as a felony. Some crimes are defined in the Penal Code as "wobblers." This means the prosecutor could charge them as misdemeanors or felonies. In a DUI with injury, 23153 (a) and or (b), the prosecutor can still charge the offense as a misdemeanor if little or no serious injury was involved.

All felony offenses are first brought before the court for arraignment, pre-preliminary examination motions and preliminary hearing. All felony charges have two levels of proceedings in California. They start in Superior Court where the judge sits as a magistrate to determine whether or not probable cause exists for you to be tried. If the judge finds that there does exist probable cause, then you are "held to answer" and arraigned again for trial.

The details of the arrest are important for many different legal reasons. We will be looking to legal defenses that either substantially or procedurally block the prosecution, which may flow from the arrest process itself.

This is what you can expect when facing a California DUI. Please don't take chances with your life. Contact your best resource for a California DUI Lawyer, the law offices of Campbell & DeMetrick to make sure your rights are protected.