DUI, what to do?

If you are reading this then you are likely facing a charge of DUI or driving under the influence of alcohol. You are probably still dealing with the shock of being arrested and the shame and anxiety of the potential consequences of that arrest. My name is Anthony Hicks, I am an attorney with The Meehan Law Firm (800-NoCuffs) in Southern California who specializes in DUI defense, and I am here to tell you that you are going to be OK.

So now that you are out of jail, what should you do? Here is a list of recommendations based on 10 years of advising clients who were in your shoes:

Contact an Attorney who Specializes in DUI defense

• Hiring an experienced DUI Lawyer will save you a great deal of stress, and allow you to continue with your life, and let the expert fight for you.  If you hire a DUI Lawyer first, they will handle requesting a DMV hearing (discussed below) and ensure that your license remains valid.  They can often appear in Court on your behalf, so you don’t have to miss a day of work.  They can also provide you with a better understanding of how the Court, prosecutor and potentially a jury will view the facts of your case.
• The reality is that DUI defense is a complicated issue dealing with scientific, legal and interpersonal issues that most people are not equipped to handle. A good DUI Lawyer will not only know the laws as they relate to your situation but will also understand the science behind how alcohol is absorbed and eliminated in your body, which may lead to productive defenses in your case.
• Most importantly, choose a LOCAL attorney that is in court weekly and has relationships with the Judges and prosecutors that may be assigned to your case. Out of town attorneys simply don’t have the local knowledge needed to achieve the best results in your case.

Request a DMV hearing

If you DUI lawyer first, you must contact the DMV and request an Administrative Per Se Hearing. After you were released from jail or cited and released, the officer or deputy should have provided you with a Pink sheet of paper that serves as a temporary 30 day license. On that document, there are specific instructions to contact the DMV within 10 days.

• If you do not request this hearing your license will be automatically suspended after the 30 days expire.
• If you request the hearing, the DMV will contact you or your attorney within 15-45 days to schedule a hearing with a DMV hearing officer.
• At this hearing, the DMV will decide whether or not your license is suspended, so it is very important to understand this process and the elements the DMV is looking for.

Create a timeline:

Details after your DUI arrest matter. Create a chronological timeline of the events that led up to your stop by law enforcement. This should include things like what you ate, how much and when you consumed any drugs or alcohol, etc. The most useful things to add to your timeline are things that are traceable like receipts for food/alcohol, locations that could have video surveillance, text message or phones calls that are stored on your phone, and people who were with you at the time.

Do not discuss your case with others

• Being charged with a crime, especially a DUI, can be a very challenging time in your life. Although some people find it cathartic to discuss their life with others via social media, text message, etc., it is important to remember that these are all traceable forms of communication. Any admissions or confessions that you make in writing could later be used against you in court. The best course of action is to avoid making statements of any kind while the case is still pending.
  • Cautionary tale: A young man was charged with driving under the influence of drugs. He was an avid social media poster and had many videos posted of him bragging about how many drugs he could take and still drive “normally”. One day, he took some drugs, got behind the wheel and killed someone. After reviewing his social media posts the District Attorney charged him with murder because they could show through his prior posts that he knew that these drugs caused impairment and decided to continually drive impaired, in spite of the danger to others.

Do not tell your insurance company

• Unless you were involved in a traffic collision, there is no need to contact your insurance provider and proactively inform them of your DUI arrest. There is no benefit in doing so, and your insurance will either drop you or increase your rates.
• If you were involved in a traffic collision, and you damaged the property of others, then you will most likely have to use your insurance to cover the damage. In this case, you will need to inform your insurance company of the accident. In my experience, it is best not to bring up the fact that you were arrested for DUI unless they ask you. Let me be clear, do NOT lie to your insurance company. Just don’t offer any information that is not asked of you.  Your insurance company will eventually get access to the police report and find out that you were arrested for DUI, but you can cross that bridge when you get there.
• If you are convicted of a DUI you will be required to file an SR-22 proof of insurance certificate with the DMV for a minimum of 3 years.  The SR-22 is an insurance certificate from an insurance company that is letting the DMV know you have insurance, and they know you have a DUI action against you with the DMV.
  • My firm works directly with Breathe Easy Insurance at (800) 868-6318, and our clients have been generally happy with the service they have provided.
  • The SR-22 does not need to come from your current insurance company.
  • Also, you are not required to get an SR-22, until the DMV takes action against your driving privileges, or you are convicted of a DUI.

Seek treatment

• Sometimes an arrest of a DUI is a wake-up call. Alcohol and Drug addiction are considered mental health disorders and if you feel that you may suffer from alcohol or drug addition, I encourage you to get help. Fortunately, the more treatment you complete the better result you can generally get in court if you are convicted, or if you are working to resolve your case.
  • Veterans Mental Health Diversion- In California, if you are active or retired military veteran you may qualify for a complete DISMISSAL of your case if you suffer form a mental health disorder (alcohol use disorder, PTSD, anxiety, etc.) and you can show a nexus between this disorder and your time in the military.
  • Although Mental Health Diversion for non-veterans applies in other types of cases, most courts in CA agree that mental health diversion does NOT apply to DUI charges.

• Alcoholics Anonymous: Some people arrested for a DUI are unsure if they have a problem with alcohol or drugs, so maybe you start attending NA or AA meetings.  If you do, it is often a good idea to document your attendance, so the court will have proof of attendance, if you or your attorney is discussing your efforts following the arrest.

Forgive yourself

If you are like most of my clients, you are feeling sick to your stomach and mad at yourself for allowing this to happen. Unfortunately, we cannot undo what has been done. However, hiring an experienced DUI attorney will help take the stress out of dealing with DMV and Court processes and allow you to get back to living your life. Let the experts take away that added stress. This is just another road bump in life, and you WILL get through this.