Misdemeanor DUI Deadlines
This is a general guide to deadlines in a criminal misdemeanor case.
McLaughlin Probable Cause Hearing 48 hours after arrest (County of Riverside v McLaughlin (1991) 500 US 44, 111 S Ct 1661).
If in jail: Without undue delay (Pen C *825):
Maximum of 48 hours after arrest; or the next court day following.
If arraigned after release on citation:
At least 10 days after arrest; and
Not more than 25 days after arrest (Pen C *853.6).
If arraigned on complaint: Without undue delay (Pen C *825).
Demur Before plea (Pen C *1004).
Probable Cause Hearing After plea (Pen C *991).
30 days before trial (Pen C *1054.7); OR
15 days after request (Pen C *1054.5(b)).
Check local rules and statute for specific motion.
Make Peremptory Challenge to Judge See CCP *170.6(a)(2):
10 days after judge assigned for all purposes;
5 days before trial;
At time of assignment; or
30 days after client appears.
Trial DeadlinesTrial If time for trial NOT waived by client (see Pen C *1382(a)(3)):
If in custody: 30 calendar days after arraignment or plea, whichever is later.
If not in custody: 45 calendar days after arraignment or plea, whichever is later.
If time for trial waived by client (see Pen C *1382(a)(3)):
If client enters general waiver of 30-day or 45-day trial requirement, on proper notice of withdrawal of waiver, within 30 days of withdrawal (Pen C *1382(a)(3)(A)).
If client requests or consents to setting trial date beyond 30-day or 45-day requirement, within 10 calendar days of date set. (Pen C *1382(a)(3)(B)).
Sentencing/Judgment Unless client waives time for sentencing (see Pen C *1449):
Not earlier than 6 hours after the verdict.
Not later than 5 days after the verdict.
Motion for New Trial Before sentencing (Pen C *1182).
Motion in Arrest of Judgment Before sentencing (Pen C *1185).