Learn What You Should Do After Your California DUI Arrest

Explore:  DUI

Take action to protect your rights

After you have been pulled over for a DUI, shock and fear can quickly take root. However, the actions you take in the moments and days following your arrest are crucial to your defense. Take action to protect your rights and preserve your driving privileges.

You have the right to remain silent

Law enforcement is observing everything you say and do during and after your DUI arrest. Your admission of guilt, slurred words or belligerent comments will be used against you in court. In addition, the Miranda Warning is only required after you've been arrested, so police officers will typically interrogate you before you are formally arrested. Remain polite and courteous to the arresting officers without making any incriminating statements, because officers do make note of whether you were cooperative or not in their arrest reports. Prosecutors do factor in your attitude towards the officer when they consider plea offers.

Exercise your right to an attorney

You need an experienced DUI lawyer by your side at every phase to insure the best possible outcome. Because we know that DUI arrests usually do not happen during regular business hours, our attorneys are available 24 hours a day, seven days a week to provide immediate response. We will make sure your DMV hearing is requested and immediately begin laying the foundation for your defense to insure we are as well positioned as possible fight your DUI charges.

Request a DMV hearing immediately

You only have 10 calendar days from the date of your arrest to request a DMV hearing to contest your impending suspension. If you fail to make the request or fail to make the request within 10 calendar days, you lose your right to the hearing and your driving privilege would automatically be suspended after 30 days from the arrest date. In certain circumstances, we may be able to petition DMV for a late hearing after the 10 day period expires.  However, the petition must be filed within 30 calendar days from the arrest date and the DMV's decision depends on whether good cause exists.

Your criminal case and DMV hearing are two separate proceedings. No finding of guilt or innocence beyond a reasonable doubt is made during your DMV hearing. Rather, the DMV hearing officer considers only the circumstances of your stop and arrest, as well as the reliability of the chemical or breath evidence.  If the arresting officer is subpoened to testify, the credibility of his or her testimony would  be weighed as well. DMV hearings can be won, and we have prevailed in hundreds of cases, including cases involving high BAC levels and traffic accidents. Our record of success is due to the fact that we know the proper arrest and investigative procedures and why these procedures are in place, and because we used to train law enforcement and prosecute DUIs.  

Topics:  DUI

Published In: Criminal Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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