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How Long Might It Take To Resolve Your DUI Case?


Very professional. “Aaron made a very difficult time in my life somewhat bearable by providing realistic outcomes and knowledgeable facts on what what to expect after my dui. He was always responsive even after 1.5years after the incident! Very professional and had great insight throughout the entire process.”

A DUI Client

Interviewer: How long can a DUI case take to defend?

Aaron: DUI cases can take years to go to trial. When a case does go to trial, the typical time is somewhere between six months and a year and a half. That is pretty standard because it takes a long time.

Often motions happen before the trial. If you are released from jail and you are not in custody, you have a Constitutional right to a jury trial within 45 days of your arraignment.That is your first court date. We usually waive that right because we need time to gather evidence. If a client is in custody we may not waive that time because we want to get them out as soon as possible. However, a client is typically out of custody.

Some counties finish cases much quicker. Some take a lot longer. For example, in San Mateo County, if your arraignment is a month after your arrest, your next court date- called a pre-trial conference- is not going to be for at least two months.

This is because they are so backed up. A lot of times, there is more than one pre-trial conference. So that case may not be resolved with a trial for six months or more.

Other counties try to jam everything, and cases go much quicker. For example, in San Francisco they try to get rid of as many cases as they can. They offer better deals if you work something out at your first pre-trial conference, which is your second court appearance.

Also, they take offers off the table if you do not work something out quickly. This gives someone incentive to finish their case quickly if it is not going to trial.

By Aaron Bortel

Aaron Bortel

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