If you were just arrested for a DUI, your obligation to do something starts now. You must confirm the date, time and place of your first court appearance and you must separately call the DMV within 10 days of arrest to request a hearing. The DMV and the court cases are completely INDEPENDENT.
Court: After arrest you should have been given a date to appear in court. The arresting agency will submit the arrest report to the District Attorney who will review it and decide what charges will be brought in the complaint. The facts and circumstances of your case will determine the charges, potential defenses, and the possible punishment.
Each County differs in policy as to charging, plea bargaining and punishment. Some typical facts that make a case better or worse are: your blood alcohol level, whether or not you refused the test, were there children in the car, speeding, injuries, prior convictions, cooperation during the arrest and additional charges.
I will first determine if the DA has sufficient evidence to prove your guilt. If this is the case, we will then move on to securing the most lenient punishment available. The main concern in a felony case is keeping you out of prison. With all misdemeanor cases the main concern is keeping you out of jail and avoiding special conditions of probation (interlock device, residential treatment, testing, longer DUI School, block of AA meetings, and so on).
Whether you have valid defenses and go to trial or accept responsibility and plead guilty, your decisions should be made after understanding your rights and legal options.
DMV / License Suspension: If you are arrested for a DUI, you must request a hearing within 10 days to preserve your rights. Once a hearing is timely requested, the DMV will provide a police report that is reviewed to determine existing issues and available defenses that may be presented at your Ad Per Se proceeding.
If the suspension is upheld, you must then satisfy the steps to obtain a restricted license and eventual license reinstatement as soon as legally possible.
The DMV can be a very confusing and frustrating process, and yet is often the most important because it is very difficult to function without a driver’s license.
Employment / Business License: A DUI can have an effect on your employment. It can also place your business license in jeopardy. Often, this is one of the most important areas of your case because it directly affects your ability to maintain your employment or business. If you rely on your professional license (Real Estate, Physician, Nurse, Child Care Professional, Contractor, etc) you must be aware and informed as to possible consequences.
Expungement: If you have suffered a DUI conviction, you can petition the court requesting that it be set aside. This allows you to represent, in some circumstances, that you were not convicted. Please call for a consultation to determine whether you are eligible.
