Q: What should I expect for a DUI arraignment in April 2025 in Rancho Cucamonga, CA?
In April 2024, I was parked on a rear shoulder when a CHP officer approached me. I admitted to having one beer and a small amount of THC 45 minutes before talking to the officer. I blew a 0.05% BAC, my car was towed, and I was taken to the station where I provided a blood sample for THC testing. I was released immediately and later renewed my driver's license without issues. I now have an arraignment set for April 7, 2025, in Rancho Cucamonga, California for a DUI combo of drug and alcohol. I have not spoken to legal counsel since the incident and have never been on probation. What should I expect, and how should I prepare for the arraignment?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Your upcoming arraignment is just the beginning of the legal process, not the end. At this first court appearance, you'll hear the formal charges against you and be asked to enter a plea of guilty, not guilty, or no contest. Unlike with alcohol DUIs, California doesn't have a legal limit for THC in your blood, which could work in your favor since your BAC was below the legal limit at 0.05% and prosecutors must prove you were actually impaired while driving rather than just having THC in your system.
Having legal representation is crucial at this stage. If you don't have an attorney at the arraignment, you can ask the judge for a continuance to give you time to find one, or you may qualify for a public defender. The attorney will help you understand the evidence against you, including your blood test results which will likely be provided at the arraignment. With your low BAC and the challenges prosecutors face in proving marijuana impairment, your case might have potential defenses since THC can remain in your system long after its effects have worn off.
To prepare for your arraignment, gather all documents related to your arrest, including any paperwork from the police and DMV. Remember that the DMV hearing is separate from your criminal case - you only had 10 days after your arrest to request a DMV hearing to contest license suspension. For the court process, I recommend consulting with a DUI attorney before your court date who can explain your options, possible defenses, and potential penalties. They might be able to negotiate for reduced charges, especially given your borderline BAC reading and the difficulty in proving marijuana impairment.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
