Steps To Take After Getting a DUI in Your City

Last Modified: July 19, 2024
Steps to take after getting a DUI in your city

If you have been charged with a DUI in Los Angeles, you must know the steps to take immediately after the incident. Knowing your rights and the legal processes can considerably affect the outcome of your drunk driving case.

Our California-based firm, Perlman & Cohen Los Angeles Criminal Lawyers, is committed to guiding you through the process so your rights are protected. A DUI defense attorney is your best chance at forming the strongest possible defense.

Learn more about DUI charges below. Then, contact us for the legal help you need.

Understand the DUI Charges Against You

The first step in tackling a DUI charge is being aware of what you are accused of. DUI stands for driving under the influence. An incident like this can involve alcohol, drugs, or a combination of both. California has strict laws and penalties for DUI charges, including fines, license suspension, and potential jail time.

Knowing the specifics of your charges will help you avoid common mistakes. In addition to comprehending the charges, it's important to recognize the potential consequences of a DUI conviction.

Penalties can vary from increased insurance rates to having a permanent criminal record. Being arrested for DUI can also affect your employment, especially if your job requires driving. At Perlman & Cohen, we help clients grasp the full scope of their charges and the potential outcomes. We aim to form the strongest possible defense to minimize your chances of being found guilty.

What Constitutes a DUI in California

In California, a DUI is defined as operating a car with a blood alcohol level of 0.08% or up. For commercial drivers, the average limit is lower, at 0.04%.

Those driving under the age of 21 can be charged with a DUI for a BAC of 0.01% or higher. Also, driving under the influence of drugs, whether prescription or illegal substances, also constitutes a DUI.

Difference Between Misdemeanor and Felony DUIs

A DUI can be defined as either a misdemeanor or a felony in California. Generally, a first-time DUI offense without any aggravating factors is treated as a misdemeanor.

However, if you have multiple DUI convictions, were involved in an accident causing injury, or had a very high blood alcohol content, you could be facing felony charges. Felony DUIs carry more severe penalties, including longer jail sentences and larger fines.

Immediate Actions to Take at the Scene

Immediate actions to take at the scene

Immediately after being stopped for a DUI, it's important to remain calm and collected. Here are some steps to take:

  • Stay calm and cooperative: Remaining calm will help you think clearly. Cooperate with law enforcement without admitting guilt or giving too much information.
  • Do not admit to drinking: Exercise your Miranda Rights. Politely decline to answer questions about whether you've been drinking.
  • Request a lawyer: Express your desire to speak with an attorney. This can help protect your rights from the beginning.
  • Comply with tests: In California, refusing a chemical test like a blood test can result in additional penalties. However, you are not required to perform field sobriety tests.
  • Gather witness information: If there are any witnesses, get their contact information. Their statements might be helpful for your defense.
  • Document the scene: If possible, take photos or notes about the scene. This information can be valuable later.
  • Avoid volunteering information: Only provide important information, such as your name and identification. Do not discuss your actions or admit fault.

Post-Arrest Procedures

After being arrested for a DUI, you should protect your rights by following the next steps to build your defense:

  • Contact a DUI lawyer: Contact a skilled DUI attorney as soon as possible. Perlman & Cohen Los Angeles Criminal Lawyers can provide immediate assistance.
  • Document everything: Write down everything you remember about the arrest. This can be valuable for your lawyer when building your defense.
  • Follow legal procedures: Comply with all legal requirements and attend all court dates.
  • Request a DMV hearing: You have ten days to request a hearing with the DMV to contest your license suspension.
  • Stay informed: Educate yourself about the DUI laws and the potential consequences. Knowledge provides confidence in legal matters.

Booking and Bail Process

Booking and bail process

After your arrest, you will be taken to the police station for booking. This process includes taking your fingerprints, photographs, and personal information.

Depending on the circumstances of your arrest, you might be able to qualify for bail. Bail permits you to be released from custody while awaiting your court appearance. Following all your bail conditions is important to avoid further legal issues.

Rights During Detention

While in detention, you have certain rights that must be upheld. You have the right to remain silent, which means you do not have to answer any questions without a lawyer present. You also have the right to an attorney.

If you cannot afford one, a public defender will be provided. You also have the right to humane treatment. If you experience anything that you feel is unjust or unwarranted, please let us know so we can fully investigate.

Legal Rights and Representation

Knowing your rights after a DUI arrest is key. You have the right to a fair trial, which includes the right to present evidence and call witnesses in your defense. It's also important to have competent legal representation. At Perlman & Cohen Los Angeles Criminal Lawyers, we are dedicated to providing our clients with the best possible defense.

Hiring a DUI lawyer can notably affect the outcome of your case. The right lawyer can potentially reduce your charges or penalties.

At Perlman & Cohen, we emphasize recognizing the criminal court process following DUI arrests. After receiving your court date, you must appear before a judge to address the charges against you.

During this time, you may plead guilty or challenge the evidence presented, such as the sworn report from the arresting police officer or the breath test results. Having a knowledgeable attorney by your side can influence the outcome of your case, ensuring your rights are protected throughout the proceedings.

Administrative License Suspension (ALS) Hearing

If you are arrested for a DUI, you will likely face an Administrative License Suspension or ALS hearing. An ALS hearing is separate from your criminal case and specifically involves suspending your driver's license. It's important to request this hearing within ten days of your arrest to claim against the suspension and potentially retain your driving privileges.

Preparing for Your Arraignment

Your arraignment is the first formal court appearance in your DUI case. During this proceeding, you will be informed of the charges against you and asked to enter a plea. It's important to have legal representation to ensure your rights are protected.

We generally advise our clients to plead not guilty. This gives us time to complete a full investigation and decide whether to pursue a dismissal, trial, or plea bargain.

Pre-Trial Motions and Hearings

Pre-trial motions and hearings allow your attorney to challenge the evidence against you and seek to have charges reduced or dismissed. These motions might address issues such as the legality of the traffic stop or road conditions, the accuracy of the breathalyzer test, or other procedural matters.

Building Your Defense

Building a strong defense is required to achieve a favorable outcome in your DUI case. Your attorney will review all the evidence, identify weaknesses in the prosecution's case, and create a strategy tailored to your situation.

As you build your defense, attorneys could be involved in challenging the legality of the traffic stop or road conditions. You could also question the reliability of the chemical tests, presenting alternative explanations for your behavior.

Common DUI Defense Tactics

Common DUI defense tactics

Many common defenses can be used in DUI cases:

  • Improper traffic stop: If the officer did not have probable cause or valid reason to stop your car, any evidence supporting the stop might be inadmissible.
  • Faulty breathalyzer: Breathalyzer machines or breath tests can be inaccurate due to improper calibration or maintenance. Challenging the accuracy of the test can be a viable defense.
  • Medical conditions: Certain medical conditions can mimic signs of intoxication, such as diabetes or acid reflux. Providing medical evidence can help explain your behavior.
  • Rising BAC defense: This defense argues that your BAC level was not legally permissible while driving but was higher to an illegal level by the time you were tested.
  • Field sobriety test issues: Field sobriety tests could be more trustworthy. Many factors, such as nerves, fatigue, or poor road conditions, can affect them.

DUI Diversion Programs and Plea Bargains

DUI diversion programs and plea bargains can offer alternative circumstances surrounding a DUI charge. These options allow you to avoid a conviction or reduce the harshness of the penalties.

  • Alcohol education programs: Completing an alcohol education program can sometimes reduce charges or penalties. These programs educate offenders about the dangers of drinking and driving.
  • Community service: Sometimes, community service can be part of a plea bargain. This demonstrates your willingness to make amends and contribute positively to the community.
  • Probation: You might be eligible for probation instead of serving jail time. This allows you to remain free under specific conditions set by the court.
  • SCRAM device: A Secure Continuous Remote Alcohol Monitor (SCRAM) device can monitor your alcohol intake. Compliance with this program can result in reduced charges.
  • Rehabilitation programs: Enrolling in a rehabilitation program for substance abuse can show the court that you are making an effort to address any underlying issues.

Negotiating Plea Bargains to Reduce Charges

Presenting a plea bargain can be an effective tactic to reduce the charges or penalties you face. Negotiating a plea involves working with the prosecutor to reach acceptable terms for both parties. In exchange for pleading guilty, you could avoid the worst consequences of a conviction, such as a lengthy prison sentence.

A skilled DUI attorney from Perlman & Cohen can negotiate on your behalf, seeking to minimize the ramifications of a DUI charge on your life. Plea bargains can result in reduced fines, shorter license suspensions, or even dismissal of certain charges.

Post-Conviction Options

Even after a DUI conviction, there are steps you can take to decrease its repercussions on your life. These post-conviction options can help you move forward and regain your driving privileges. It is imperative to be familiar with your options and take proactive steps.

Expungement and Record Sealing

Expungement allows you to have your DUI conviction removed from your criminal record. This can improve your future employment and educational opportunities. While not all DUI convictions are eligible for expungement, a skilled attorney can help you determine if you qualify. Record sealing can also limit who can view your criminal history, giving you a fresh start.

Steps to Reinstating Your Driver's License

Reinstating your driver's license after a DUI involves several steps. First, you must complete any court-ordered programs, such as alcohol education or treatment. You must also pay any fines or fees for your conviction. Next, you might need to provide proof of insurance and attend a DMV hearing. Working with a DUI attorney can help you quickly navigate these requirements and regain your driver's privileges.

Preventing future DUIs is necessary to maintain your freedom and avoid further legal issues. Knowing the consequences of a DUI and taking steps to avoid impaired driving can make a major difference.

Preventing future DUIs is necessary to maintain your freedom and avoid further legal issues. Knowing the consequences of a DUI and taking steps to avoid impaired driving can make a major difference.

Understanding and Complying with Court-Ordered Programs

Compliance with court-ordered programs is important after a DUI conviction. These programs are designed to educate offenders and prevent future incidents. They might include alcohol education classes, treatment programs, or community service. Fulfilling these requirements helps you avoid additional penalties and demonstrates your commitment to making positive changes.

Scheduling a Free Consultation: Expert Defense from Perlman & Cohen Lawyers

Schedule a free consultation: expert defense from Perlman & Cohen Lawyers

If you've been charged with a DUI, scheduling a free consultation with Perlman & Cohen Los Angeles Criminal Lawyers is a smart step. Our experienced attorneys can provide expert answers and guide you through the legal process. We are committed to defending your rights and achieving the best possible outcome for your case. Contact us to schedule a consultation, and let us provide you with the robust defense you deserve.

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