What to Do First

I Just Got Stopped...

What to Do First?

Navigating a DUI Arrest in California. If you are stopped by law enforcement and you have had any alcohol,

You should:

• Provide your license and registration if asked
• Politely decline the field sobriety tests 
• Politely decline the preliminary alcohol screening (PAS) test (unless you are under age 21 or on probation)
• Politely decline to answer any questions about where you were coming from and whether you had anything to drink

After you are arrested

• If police ask you questions, exercise your right to remain silent
• Cooperate with a chemical test (breath, blood or urine) if asked
• If the test you choose is not available, you must take the available test. If you ask for a breath test but the machine is not working, then you must take the other test(s) offered
• Refusing to test after arrest can trigger severe penalties including a 1, 2 or 3 year suspension of your driver’s license and jail time

Understanding the Booking Process 

• Booking may include taking your fingerprints and your photograph
• You may be released with a notice to return for booking
• You could also be detained (not allowed to leave) until you have sobered up, or a sober person can pick you up and assume responsibility for you
• In rare cases (if you have a potential felony matter or some other aggravating factor), the jail may require you to post bail or bond in order to be released.

When you are released from police custody, you will likely immediately want to get a long shower, eat some real food, and potentially ensure that your vehicle is recovered so you can continue driving.

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Once you are released from custody, and you want to start dealing with your DUI arrest, you should understand what the potential issues and/or consequences are that you will be dealing with. These are outlined in detail below, but I would suggest that upon reviewing all the potential issues that a person facing a DUI will need to deal with, it is highly recommended that you contact an experienced DUI defense attorney to help you navigate the court and the DMV procedures, but also someone who has enough experience to see potential defenses or motions that may be filed, in order to help you achieve the best possible results. 

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You should also be aware that in certain circumstances, a DUI arrest can potentially impact your employment, professional license and commercial driver’s license.  An experienced DUI defense attorney can assist you with navigating these challenges also.

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DMV Hearing Notice

Upon release, if you are accused of driving with a blood alcohol concentration (BAC) of .08%  or more you should be given a DMV Notice of Suspension and Temporary License. This notice indicates that your license will be suspended in 30 days and that you (or your attorney) have 10 days to request an administrative hearing to challenge the suspension.

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Legal Consequences and Penalties for DUI

In California, DUI convictions carry serious legal consequences. For a first offense, penalties can include fines ranging from $390 to $1,000, up to six months in county jail, and mandatory attendance at DUI education programs. The severity of the penalties increases with subsequent offenses or if aggravating factors are present, such as high BAC levels or endangerment of others.

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Impact on Driving Privileges and Insurance

A DUI arrest can significantly impact driving privileges. Upon conviction, an individual’s driver’s license may be suspended or revoked. Additionally, insurance rates typically increase substantially as insurers view DUI convictions as high-risk behavior. Working with a skilled DUI defense attorney can help you to avoid or minimize the impact of the arrest.

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Exploring DUI Education and Rehabilitation Programs

California law mandates that anyone convicted of a driving under the influence of alcohol offense be required to complete a DUI education program as a term of their sentence. This DUI school is not rehabilitation, but it is designed to educate the drivers on the law, the dangers associated with driving under the influence and potential future consequences of an additional offense.  

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If the person charged with driving under the influence elects to enroll in a substance abuse or treatment program to address potential addiction issues, that program, though likely not ordered by the court, may be able to be used by your attorney to reduce your potential sentence or terms of your sentence.

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Contesting a DUI Charge: Legal Defenses and Attorney Assistance

Challenging a DUI charge involves a detailed legal process. Hiring an experienced DUI attorney is critical, as they can provide essential guidance on possible defenses and legal strategies. Defenses may include challenging the legality of the traffic stop, the accuracy of field sobriety tests, or the calibration of breathalyzer devices.

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Preparing for Court Appearances and Trials

Preparation for court appearances is essential. Individuals should gather all relevant evidence, including witness statements and any records related to the arrest. Attending all scheduled court dates and complying with court orders are crucial to achieving a favorable outcome. A defense attorney’s job is to examine all the evidence and present the best possible defenses.

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Addressing Prior DUI Offenses

For those with prior DUI offenses, the legal consequences are more severe. Prior convictions can lead to enhanced penalties and increased scrutiny in subsequent DUI cases. Contrary to popular belief, this includes prior wet reckless convictions. An attorney who is experienced in your court can make a huge difference in the outcome of a second, third or fourth DUI.