If you’ve been arrested for DUI in California, what happens next depends on just how intoxicated you were — and whether you hire an experienced Upland DUI attorney.
If you have been stopped on suspicion of DUI in California, there is a good chance that you will be arrested if you have been drinking or using drugs before driving. What happens after you are arrested depends on many factors, including the skill and experience of your DUI defense attorney.
DUI Arrests Explained
In most situations, a police officer needs probable cause to stop you for a DUI. This means that he or she has to have a reasonable belief that a crime has been committed or is being committed, which could include witnessing you driving erratically. The only exception to the probable cause requirement is DUI checkpoints, where all drivers are stopped and briefly assessed to determine if they are driving under the influence. In California, you are not required to go through a DUI checkpoint.
After you have been stopped, the police officer may ask you a series of questions to determine if you are intoxicated. Remember that you have the right to remain silent! If the officer observes signs of intoxication, he or she will likely ask you to perform field sobriety tests and blow into a handheld breathalyzer. It is your right to refuse to take a field sobriety test. In most cases, unless you are underage or on DUI probation, you may also refuse to take the breathalyzer test at this point. If the officer has probable cause to believe that you are intoxicated, you will be arrested and taken either to the police station, jail or the hospital.
Once you have been arrested, you will be required to take a chemical test to determine your blood alcohol content. Refusing this test may result in harsher penalties and a driver’s license suspension for one year. There are two options for the chemical test: either a blood test, which requires the police to obtain a warrant, or a breath test. The police do not need a warrant for the breath test after you have been arrested.
If you are charged with a misdemeanor DUI, you will usually be released within a few hours after you have been arrested and booked. If you are charged with a felony, you may be required to post bail in order to be released. The police will typically seize your California’s driver’s license before releasing you; it will be mailed to the DMV. They will also give you a citation to appear in court and a temporary license. You can use this license for 30 days after your arrest.
After The Arrest
Once you are released, the wheels of justice begin to turn. You have 10 days to file a request with the California DMV to request a hearing so that you can contest your license suspension. If you do not file this paperwork, your license will be automatically suspended. An Upland DUI attorney can help you file this request and can defend you before the DMV. They may also be able to help you get a restricted license so that you are still able to drive to school, work or for family responsibilities.
At the same time that the administrative DMV case is pending, the criminal case will begin. Your DUI defense lawyer can gather evidence on your behalf, file motions, attend court hearings, and attempt to work out a plea deal with the prosecutor. If necessary, he can take your case to court, presenting any possible defenses to the charge.
If you are found guilty or plead guilty to a DUI charge, you will face immediate sanctions. These include a stiff fine, possible jail time, license suspension, mandatory DUI classes and probation. In some counties in California, you may be required to have an ignition interlock device installed on your car. The severe nature of these consequences make it all the more important that you contact a skilled DUI defense attorney as soon as possible after you are arrested.
The Chambers Law Firm is here for anyone who has been arrested for a DUI. With over twenty years of experience, attorney Dan E. Chambers is skilled at handling DUI cases. Contact his office today at 714-760-4088 or dchambers@clfca.com to learn more about your DUI case, including possible defenses to the charge.
