Facing a DUI arrest can be overwhelming, especially if it’s your first encounter with the legal system. DUI charges bring both criminal and DMV-related consequences, making the process complex. This guide explains the major steps you’ll encounter after a DUI arrest and the importance of consulting Santa Ana DUI attorney to help navigate these proceedings.
Retrieving Your Impounded Vehicle
Following a DUI arrest, retrieving your vehicle from impound is usually straightforward if you’re only facing a basic DUI charge. Here’s what you need:
- Proof of Insurance and Ownership: To retrieve your car, you’ll need to show proof of insurance and ownership.
- Payment of Fees: Impound and storage fees must be paid to release the vehicle.
If additional charges, like drug possession or hit and run, are involved, your vehicle might be held as evidence, complicating the release process.
Understanding the Status of Your Driver’s License
Contrary to common belief, a DUI arrest does not immediately suspend your license. Here’s what to expect:
- Temporary License: After a DUI arrest, your physical license is typically confiscated, but you’ll receive a pink temporary license that’s valid for 30 days.
- DMV Hearing Request: You must request a DMV hearing within 10 days of your arrest to delay an administrative suspension. This hearing will determine whether or not your license will be suspended.
Engaging a Santa Ana DUI attorney can help you navigate this process, ensuring you retain your driving privileges for as long as possible.
Requesting a DMV Hearing
Requesting a DMV hearing within 10 days of your DUI arrest is essential to avoid immediate license suspension. This hearing focuses on the circumstances of your arrest and can delay suspension until the DMV’s decision is made. Having an attorney represent you at this hearing can be invaluable in presenting your case effectively and preserving your driving rights.
Accessing Your Arrest Report and Evidence
You won’t receive a copy of your arrest report right away. Here’s what to know about obtaining the report and related evidence:
- DMV Hearing Access: During the DMV hearing process, your attorney may be able to access parts of the police report and some evidence.
- Court Process: At your first court appearance, called the arraignment, your attorney will gain access to the full police report, chemical test results, and other evidence against you.
Having a Santa Ana DUI attorney who can review this evidence before the arraignment strengthens your defense and enables a strategic approach.
Preparing for the Arraignment
The arraignment is your first official court date. During this procedural step, your attorney will:
- Receive All Evidence: The court will provide the police report, chemical test results, and any indictments.
- Plea Decision: You’ll have the opportunity to enter a plea of guilty or not guilty. In most DUI cases, it’s advised to plead not guilty initially to allow time for evidence review and defense preparation.
Why Pleading Not Guilty at the Arraignment Is Often Advised
At the arraignment, your attorney won’t have had time to thoroughly review all the evidence. Pleading not guilty allows you the opportunity to examine the evidence and prepare a robust defense. Expect multiple pretrial hearings in the months following the arraignment, during which your attorney can work on your behalf to negotiate or challenge the charges.
The Role of a Santa Ana DUI Attorney in the DUI Process
Without expert legal representation, navigating the DUI process can be challenging and risky. A skilled Santa Ana DUI attorney provides guidance through both criminal proceedings and the DMV hearing, protecting your rights and ensuring the best possible defense.
At Chambers Law Firm, we’re committed to supporting clients through the complexities of DUI charges. For experienced legal representation, contact us at 714-760-4088 to schedule a free consultation and discuss your case.
