Being arrested for DUI in California can be overwhelming, but knowing your rights and the legal process can help you make informed decisions. Whether it’s your first offense or you have prior convictions, understanding what happens next is crucial to building a strong defense. Contact Simmons Wagner, LLP at (949) 439-5857 to request a free legal consultation.
Immediate Steps After a DUI Arrest
After a DUI arrest, the actions you take can significantly impact your case. Here are the key steps to follow:
- Remain Calm and Cooperative: Resisting arrest or acting aggressively can lead to additional charges.
- Exercise Your Right to Remain Silent: Anything you say to law enforcement can be used against you in court.
- Request an Attorney: A DUI defense attorney can guide you through the legal process and protect your rights.
- Take Note of the Details: Record everything you remember about the arrest, including interactions with officers, field sobriety tests, and any breath or blood tests.
California DUI Laws and Penalties
California has strict DUI laws, and penalties vary depending on the circumstances of your case.
First-Time DUI Offense
- Up to six months in jail
- Fines ranging from $390 to $1,000
- Driver’s license suspension for six months
- Mandatory DUI education program
Second and Subsequent Offenses
- Increased jail time (up to one year for a second offense)
- Fines up to $2,000
- Longer license suspension or revocation
- Installation of an ignition interlock device (IID)
Aggravating Factors That Can Increase Penalties
Certain factors can lead to enhanced penalties, including:
- High blood alcohol concentration (BAC) over 0.15%
- DUI with a minor passenger
- Causing an accident or injury
- Refusing a chemical test
How to Fight a DUI Charge
A DUI charge does not automatically mean a conviction. With the right defense strategy, you may be able to reduce or dismiss the charges. Common DUI defenses include:
- Challenging the Traffic Stop: If law enforcement did not have reasonable suspicion to pull you over, the case may be dismissed.
- Questioning the Accuracy of BAC Tests: Breathalyzers and blood tests can be flawed due to improper calibration, contamination, or mishandling.
- Proving a Violation of Rights: If officers failed to follow proper arrest procedures or violated your constitutional rights, evidence may be suppressed.
- Medical and Other Explanations: Certain medical conditions or dietary factors can lead to false-positive BAC results.
The DMV Hearing and Your Driving Privileges
Following a DUI arrest, you have only 10 days to request a DMV hearing to challenge your license suspension. If you do not request a hearing, your license will be automatically suspended. A skilled attorney can represent you in this administrative hearing to fight for your driving privileges.
Why You Need a DUI Defense Attorney
A DUI conviction can have lasting consequences, affecting your criminal record, job prospects, and insurance rates. Working with an experienced DUI defense attorney can help you:
- Evaluate the evidence against you
- Challenge unreliable test results
- Negotiate reduced penalties or alternative sentencing
- Represent you in court and at the DMV hearing
If you or a loved one has been arrested for DUI in California, don’t face the legal system alone. Contact Simmons Wagner, LLP at (949) 439-5857 to discuss your case and explore your defense options.