A DUI arrest can leave you stunned, embarrassed, and unsure what to do next. Unfortunately, many people make critical mistakes in the hours and days following their arrest—mistakes that can make the difference between a dismissed charge and a permanent record.
At Simmons & Wagner, our team of former Orange County District Attorneys has seen these missteps from both sides of the courtroom. We know exactly how the prosecution builds its case—and how your actions after arrest can either strengthen or weaken your defense.
Here are the top mistakes to avoid after a DUI arrest in Orange County, and what to do instead to protect your future.
Don’t Do the Following:
1. Talking Too Much to Police
After being stopped, it’s natural to want to explain yourself. But anything you say—no matter how innocent—can and will be used against you.
Statements like “I only had two drinks” or “I feel fine to drive” are admissions prosecutors can twist to prove impairment.
What to do instead: Politely provide your driver’s license and registration, then assert your right to remain silent. You are not required to answer questions about where you’ve been, what you drank, or how you feel.
2. Assuming You Have to Accept the Test Results
Breath and blood tests are not infallible. Machines malfunction, officers make errors, and medical conditions can skew readings. Many people assume a high BAC means a guaranteed conviction—but skilled defense attorneys often find ways to challenge these results.
What to do instead: Have your attorney review every aspect of the testing process. Improper calibration, poor sample handling, or a lapse in observation time can render results invalid.
3. Missing the 10-Day DMV Hearing Deadline
One of the biggest and most common mistakes is failing to act quickly. In California, you only have 10 days after your arrest to request a DMV hearing to challenge your license suspension. Miss that window, and your driving privileges are automatically suspended—regardless of what happens in court.
What to do instead: Contact a DUI defense attorney immediately after your arrest. At Simmons & Wagner, we handle DMV hearings for our clients right away, ensuring no deadline slips through the cracks.
4. Posting About Your Arrest Online
It may feel harmless to share your experience or joke about it on social media—but prosecutors and investigators routinely monitor online posts. A single photo or comment could undermine your credibility or even contradict your defense in court.
What to do instead: Stay offline and keep all case details private. Communicate only with your attorney.
5. Hiring the Wrong Attorney—or Waiting Too Long
Many defendants delay hiring a lawyer, hoping the case will “blow over.” Others choose attorneys who don’t specialize in DUI defense or lack local courtroom experience. Both decisions can seriously harm your outcome.
What to do instead: Choose a firm that knows how Orange County prosecutors operate. At Simmons & Wagner, our attorneys are former prosecutors ourselves—we know their strategies, their habits, and how to dismantle their cases.
6. Giving Up Too Early
A DUI arrest isn’t a conviction. There are countless ways to fight the charges—from contesting the legality of the traffic stop to negotiating reduced penalties or diversion programs. Too many people simply plead guilty without exploring their options.
What to do instead: Let an experienced defense attorney evaluate the evidence first. You might have far more leverage than you think.
Local Insight: Orange County’s Tough DUI Climate
Orange County has some of the strictest DUI enforcement in California. Local prosecutors often push for harsh penalties to set examples—but that also means they make procedural mistakes under pressure. From Fullerton to Laguna Niguel, a knowledgeable defense attorney can identify those errors and turn them to your advantage.
Protect Your Rights—Before It’s Too Late
The biggest mistake after a DUI arrest is doing nothing. The sooner you act, the more options you have.
At Simmons & Wagner, we’ve been on both sides of DUI cases. As former Orange County District Attorneys, we use our insider experience to build the strongest possible defense for our clients—often achieving reduced charges, dismissals, or alternative resolutions.
If you’ve been arrested for DUI in Orange County, don’t face it alone. Contact Simmons & Wagner today for a confidential consultation. We’ll review your case, protect your license, and help you move forward with confidence.