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Pretrial Motions

In a California criminal DUI trial, a criminal defense attorney will typically introduce several motions before the case goes to trial. These motions, if they succeed, will aid the defendant and the defense lawyer by suppressing evidence and statements that may harm the defendant’s case.

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Attorneys for the firm represent clients accused of driving under the influence of alcohol or driving with a blood alcohol level at or above the legal limit in San Francisco, San Mateo, Marin, Alameda, Santa Clara, Contra Costa, Sonoma and Napa counties.

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Pre-trial motions will provide more information about the prosecution's case, allowing independent experts to analyze chemical test results, or permitting the defense attorney to learn more about any complaints made against an arresting officer.

Pre-trial motions may include:

Criminal defense lawyers begin considering pre-trial motions immediately when reviewing a driving under the influence (DUI) case. Most pre-trial motions are made during the defendant's arraignment. The judge will then set a hearing date to consider the motions.

The issues DUI defense lawyers consider when preparing pre-trial motions are whether or not the arrest was lawful, whether the driver was given a proper Miranda warning before being questioned, whether the driver's chemical test results were accurate, whether the arresting officer has received prior complaints, and whether any prior DUI convictions within the past 10 years can be stricken to reduce additional punishment.

Pre-trial motions are an effective tool in DUI defense. A California criminal defense attorney who focuses on DUI cases will develop an aggressive defense strategy using pre-trial motions to effectively fight the case.

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