A DUI arrest can be frightening and confusing. You may be worried about losing your driver’s license, going to court, paying fines, or about how the arrest could affect your employment and family.
It is important to remember that an arrest is not the same as a conviction. You still have legal rights, and the decisions you make immediately after your arrest may affect the outcome of your case.
Understand That You May Face Two Separate Proceedings
A California DUI arrest can involve two different processes:
- A criminal case handled through the court.
- An administrative action involving your driving privileges through the California Department of Motor Vehicles.
These proceedings are separate. Resolving one does not automatically resolve the other.
The California DMV generally allows a person only 10 days after receiving a suspension or revocation order to request an administrative hearing. The hearing provides an opportunity to challenge the proposed suspension of driving privileges. (California DMV)
Because this deadline is brief, it is important to act quickly.
Keep Every Document You Received
Save all paperwork provided by law enforcement, the DMV, the jail, or the court. These documents may contain:
- Your court date
- The charges being considered
- Information concerning your temporary license
- Chemical-test information
- Instructions for requesting a DMV hearing
Do not throw anything away, even when a document seems unimportant.
Avoid Discussing the Case Publicly
Do not post details about the arrest on social media. Avoid discussing how much you drank, where you were, who was with you, or what happened before the traffic stop.
Statements made online, through text messages, or to other people may create additional complications. Discuss the details privately with your attorney.
Write Down What Happened
As soon as possible, write down everything you remember, including:
- Where you were stopped
- What the officer said
- Whether field sobriety tests were performed
- Whether you took a breath or blood test
- What you ate or drank
- Any medical conditions or medications involved
- The timeline leading up to the stop
Small details may become important when an attorney reviews the legality of the stop, the officer’s investigation, and the reliability of the testing procedures.
Speak With a DUI Defense Attorney
A DUI attorney can examine the evidence and determine whether there are grounds to challenge the traffic stop, arrest, chemical test, or other parts of the prosecution’s case.
Every DUI case is different. The possible strategy will depend on the evidence, prior history, test results, alleged driving behavior, and other circumstances.
The Law Offices of George L. Fernandez represents clients facing DUI and other criminal charges in Los Angeles, Long Beach, and surrounding Southern California communities.
To discuss your situation, contact our office at 562-495-7900 to schedule a consultation.
This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.
