The Criminal Case

someone getting pulled over

According to California law, a person can be arrested for committing a DUI criminal offense for two separate violations of the California Vehicle Code. The California Vehicle Code stipulates that a motorist is considered under the influence if “as a result of drinking or consuming an alcoholic beverage and/or taking a drug” his or her "physical or mental abilities are impaired to such a degree that he no longer has the ability to drive a vehicle with the caution characteristic of a sober person or ordinary prudence, under similar circumstances."

The second violation a motorist can be arrested for is California Vehicle Code Section 23152(b), which asserts that it is unlawful for an individual to drive with a blood alcohol content (BAC) at 0.08% or higher.

Driving Under the Influence Arrest

In order for a California police officer to pull you over for a possible DUI, he must have probable cause to suspect you are driving under the influence. The officer may observe irregular driving patterns, such as unnecessary weaving and lane straddling or you may be stopped at a sobriety check point where the officer may observe physical signs of intoxication, such as the smell of alcohol. During a traffic stop, the law enforcement officer may request that the individual participate in a variety of field sobriety tests or consent to a blood alcohol test. If the driver fails the field sobriety tests or has a BAC of 0.08% or higher, he or she will be arrested for driving under the influence.

Obtaining a Lawyer

Once a person has been arrested for DUI, the next step he or she should take should be to retain the legal services of a reputable DUI defense attorney. Our attorneys will work to ensure that your individual’s rights are protected and we will be available to provide representation throughout both the criminal DUI case and at the California DMV hearing process.


An arraignment is the initial appearance of the offender before the court. During the arraignment, the offender will required to enter a plea of “guilty,” “not guilty,” or “no contest” to his or her DUI charges. At this time, bail arrangements will also be made.

Criminal Trial

After the arraignment, the case will progress to trial. During the criminal trial, the prosecution and defense will present their evidence and question witnesses. During this portion of the trial, the defense attorney is able to challenge evidence presented during trial and cross examine witnesses put on the stand by the prosecution. After the trial, the judge will decide whether the offender is “guilty” or “not guilty.” If the person is found innocent, the case process is considered final. However, if the individual is found guilty, the individual will continue to the sentencing process conducted by the judge.

DUI sentencing can include a variety of harsh penalties such as imprisonment, monetary fines, suspension or revocation of an individual’s California driver license, community service, DUI School, and probation. Our attorneys' have represented hundreds of individuals charged with DUI. Our lawyers are highly qualified and extremely knowledgeable in the area of DUI law, helping to provide you the best possible outcome in your criminal trial.

Devermont & Devermont
Attorneys at Law

429 Santa Monica Blvd. #210   •   Santa Monica, CA 90401
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"Derek is a competent professional lawyer who knows how to get things done without the bureaucratic process found at most firms. I was in need of help quickly and Derek stepped up right away with the know how and tenacity to tackle any problem. I felt completely comfortable being out of town and having Derek take care of my issue and he solved it with ease. I recommend him greatly and would absolutely work with him in the future." Dan F


"After being cited for a Misdemeanor DUI, I was influenced by many to just face the consequences because "hiring a lawyer never works out in your benefit". I was terrified and confused until I met Mr. Devermont so I decided to take my chances. He assured me that I didn't have to worry anymore, and even at times where I wanted to give up he fought harder. My BAC was .11 but Derek managed to get my citation reduced to a dry reckless. I would highly recommend him to anyone!" Kelly B


"Derek Devermont is the best DUI lawyer anyone can ever ask for. Not only is he competent and industrious, Derek would go the extra mile for his clients to ensure the best possible outcome. I was unfortunately charged with DUI when I was 20 years old. Without me doing anything (appear in court, speak to the judge, etc), Derek won the case for me. Derek's favorite saying goes like this "don't worry, leave the worrying to me. I'm your lawyer." Thanks to Derek, I was able to keep my driving privileges, and preserve my life. He secured a not guilty verdict and erased any license suspension. " Jennifer F