Just Got a DUI: What Do I Do?

Being arrested for a DUI can be a terrifying and disorienting experience. You’ve just been released from jail, and now you’re facing a series of legal and administrative challenges. Understanding the steps to take next and what to expect in the near future can help you navigate this stressful time. Here is a detailed guide to help you through the process.

1. Understand the Charges and Potential Consequences

DUI Charges

In California, a DUI (Driving Under the Influence) can be charged under several sections of the Vehicle Code, primarily:

Vehicle Code § 23152(a): Driving under the influence of alcohol.
Vehicle Code § 23152(b): Driving with a blood alcohol concentration (BAC) of 0.08% or higher.
Vehicle Code § 23152(f): Driving under the influence of drugs.

Potential Consequences

The consequences of a DUI conviction can include:

Fines: Substantial monetary penalties.
License Suspension: Temporary loss of driving privileges.
Probation: A period during which you must comply with certain conditions.
Alcohol Education Programs: Mandatory classes on the dangers of alcohol.
Jail Time: Possible incarceration, especially for repeat offenders or if aggravating factors are present.
Increased Insurance Rates: Higher premiums due to being classified as a high-risk driver.

2. Retain a Skilled DUI Attorney

Why You Need an Attorney

A DUI attorney can help you understand your rights, evaluate the strength of the case against you, and develop a strategy for your defense. An experienced attorney can also represent you at the DMV hearing and in court, potentially reducing penalties or even getting the charges dismissed.

How to Choose an Attorney

Look for an attorney who specializes in DUI defense and has a good track record in similar cases. Read reviews, ask for recommendations, and schedule consultations to find the best fit for your needs.

3. Request a DMV Hearing

Timeline

You have only 10 days from the date of your arrest to request a DMV hearing. Failing to do so will result in the automatic suspension of your driver’s license.

Purpose of the DMV Hearing

The DMV hearing is separate from the criminal court proceedings. It focuses solely on whether your driving privileges should be suspended. The hearing will address:

Whether the officer had reasonable cause to believe you were driving under the influence.
Whether you were lawfully arrested.
Whether you were driving with a BAC of 0.08% or higher.

Preparing for the Hearing

Your attorney can help you request the hearing, gather evidence, and represent you. Be sure to provide any relevant documents and witness information to your attorney.

4. Prepare for Your Arraignment

What is an Arraignment?

The arraignment is your first court appearance. During the arraignment:

You will be formally charged.
You will be asked to enter a plea (guilty, not guilty, or no contest).
The judge may set bail conditions or release you on your own recognizance.

What to Expect

Bring any documents related to your case, and be prepared to discuss your legal representation with the judge. Your attorney will advise you on the best plea to enter based on the specifics of your case.

5. Gather Evidence and Witnesses

Collecting Evidence

Start gathering any evidence that can support your case. This may include:

Police Reports: Obtain a copy of the police report to review the officer’s account.
Witness Statements: Collect statements from any passengers or bystanders who can testify on your behalf.
Medical Records: If you have a medical condition that could have affected the breathalyzer results, obtain relevant medical documentation.

Surveillance Footage

If the arrest occurred near businesses or public areas with surveillance cameras, try to obtain any available footage that may contradict the officer’s account.

6. Enroll in an Alcohol Education Program

Voluntary Enrollment

Enrolling in an alcohol education program before your court date can demonstrate to the judge that you are taking the charges seriously and are committed to rehabilitation. This proactive step can sometimes lead to more favorable outcomes in court.

Program Requirements

Research programs approved by the California DMV and courts. Your attorney can also provide recommendations.

7. Attend All Court Dates

Importance of Attendance

Missing a court date can result in a warrant for your arrest and additional charges. Make sure to attend all scheduled hearings and arrive on time.

What to Bring

Bring any required documents, such as proof of enrollment in an alcohol education program, character reference letters, and any other evidence your attorney has advised you to present.

8. Follow Court Orders and Probation Conditions

Complying with Conditions

If you are placed on probation, you must comply with all conditions, which may include:

Regular check-ins with a probation officer.
Completing an alcohol education program.
Abstaining from alcohol and drugs.
Avoiding further legal trouble.

Documenting Compliance

Keep detailed records of your compliance, including certificates of completion for programs and logs of meetings with your probation officer.

Conclusion

Facing a DUI charge in California is daunting, but understanding the process and taking proactive steps can significantly impact the outcome of your case. Hiring an experienced DUI attorney, requesting a DMV hearing, preparing for court, and demonstrating a commitment to rehabilitation are crucial steps. By following this guide and working closely with your attorney, you can navigate the complexities of a DUI charge and work towards the best possible resolution.

Citations

California Vehicle Code § 23152.
California Department of Motor Vehicles, Administrative Per Se (APS) Hearing, https://www.dmv.ca.gov/portal/dmv/detail/dl/driversafety/dsalcohol.
California Courts, DUI and Reckless Driving, https://www.courts.ca.gov/9745.htm.
California Department of Alcohol and Drug Programs, Driving Under the Influence Program, https://www.dhcs.ca.gov/services/adp/Pages/DrivingUnderTheInfluence.aspx.