What to Do When You Get a DUI?

Getting a DUI can be stressful and, oftentimes, embarrassing. Although your instincts may tell you to panic, it is important to stay calm, and remember to follow these few steps:

1: Contact a Knowledgeable and Experienced DUI attorney

• It is crucial to have the right attorney by your side from Day 1. The DUI process is complex and confusing, but a knowledgeable attorney will guide you through it.  Hiring an attorney will undoubtedly help you avoid several pitfalls that you may otherwise encounter and will alleviate much of the stress that follows a DUI arrest.
• Getting a DUI can be confusing because, in addition to facing a possible license suspension from DMV, you will also face criminal charges in court. It is important to understand that a DUI will either be filed as a misdemeanor or felony in court. A DUI is NOT an infraction or just a glorified traffic ticket. DUI Penalties range in severity, with a first-time DUI in California carrying a maximum possible DUI Punishment of six-months in county jail. With so much at stake, do not to fight your DUI alone.
• Convey all pertinent information to your attorney. For example, if there were witnesses to the incident, inform your attorney. If you have any medical conditions, inform your attorney. The more information you provide, the better they can assess your case and present the strongest defense for you.

2: Request a DMV Hearing – YOU ONLY HAVE 10 DAYS!

• A DUI arrest triggers a driver’s license suspension that will automatically start 30 days after your arrest. However, if you want the opportunity to fight for your driving privileges, you (or your attorney) must contact DMV within the first 10 days of your arrest and request a DMV Administrative Per Se Hearing. Your timely request will stop the suspension from taking effect, at least until after you receive the results of the DUI DMV hearing.  In the meantime, you will still be able to drive.
• In preparation for your DMV Hearing, you should review your police report for errors or false statements. These are important things to point out to your attorney.

3: Obtain a Restricted License, if Eligible

• After your DMV Hearing, your license may be suspended. However, depending on the circumstances of your case, you can obtain a Restricted License to drive during your suspension period.  To obtain a Restricted License, you must:
  • Enroll in a DMV and Court approved alcohol program
  • Obtain SR-22 insurance
  • Install an Ignition Interlock Device
  • Pay Administrative Fees to DMV

Not every driver is eligible for a Restricted License. For example, if you refused to submit to a chemical test of blood or breath after you were placed under arrest, you will not be able to obtain a Restricted License.  An experienced DUI Lawyer will advise you based on the specific facts of your case. Therefore, it is extremely important to hire the right attorney as soon as you are arrested for a DUI.

By: Rayn J. Gravelly, Esq.

Attorney Gravelly is a Senior Managing Attorney at The Meehan Law Firm. She handles cases in Los Angeles County and has defended hundreds of clients facing criminal charges, including DUI offenses.