Being arrested for driving under the influence (DUI) can be a stressful and unsettling experience, particularly if it’s a first encounter with the criminal justice system. In California, a DUI is taken very seriously and could have severe implications if not handled correctly. Many individuals unintentionally worsen their situation by making common mistakes post-arrest. Understanding what to avoid can significantly impact the outcome of your case and potentially minimize the negative consequences. Here are critical mistakes to steer clear of after a DUI arrest in California.
Failing to Request a DMV Hearing
One of the most immediate actions you should take following a DUI arrest is to request a hearing from the California Department of Motor Vehicles (DMV). You have only 10 days from the date of your arrest to request this hearing. If you fail to do so, your driver’s license will be automatically suspended 30 days after your arrest. The DMV hearing is separate from your criminal court proceedings and is focused solely on the matter of your driving privileges. Not requesting this hearing forfeits your chance to contest the suspension of your license before it automatically takes effect.
Underestimating the Seriousness of the Charge
A common misconception is treating a DUI as a minor issue that doesn’t require serious attention—like a regular traffic violation. In reality, a DUI is a criminal offense with potential jail time, significant fines, and long-term consequences such as having a criminal record and increased insurance rates. Underestimating the severity of the charges can result in poor decision-making, such as going to court without adequate preparation or proper legal representation.
Not Hiring an Experienced DUI Attorney
Navigating the complexities of DUI law requires professional skill and experience. Some may choose to represent themselves or hire attorneys who do not specialize in DUI law, which can be detrimental. A skilled DUI defense attorney can explore nuances of the law that may significantly affect the outcome of your case, negotiate on your behalf, and ensure your rights are protected throughout the legal process.
Neglecting to Disclose Relevant Information to Your Attorney
When working with an attorney, it’s crucial to be completely honest and provide all relevant details of your situation. Withholding information can hamper your attorney’s ability to defend you effectively. Whether it’s about your medical condition, the specifics of your arrest, or your previous history with DUIs, full disclosure is necessary for developing a robust defense strategy.
Discussing Your Case on Social Media
In the era of social media, it’s tempting to share aspects of your life with the public. However, discussing your DUI arrest online can be detrimental. Prosecutors can and will use anything you post about your arrest or court case against you in court. It’s advisable to keep all details offline and speak only to your attorney about your case.
Failing to Comply with DUI Program Requirements
If your licensing or court agreement requires you to complete a DUI education program or any form of community service, it’s crucial to comply fully. Non-compliance can lead to additional penalties or extended license suspension.
Driving with a Suspended License
After a DUI arrest, there may be an interim period where your license is suspended. Regardless of personal needs or emergencies, driving with a suspended license will only compound your legal troubles and could lead to arrest, further fines, or jail time.
DUI Defense Attorney Caryn Warren Can Help!
Being arrested for a DUI in California is not an end in itself but navigating the aftermath incorrectly can make the situation worse. By avoiding these common mistakes, protecting your rights, and engaging competently with the legal process, you are better positioned to manage the challenges of a DUI charge effectively. Consulting with an experienced DUI attorney immediately after an arrest can provide guidance and help mitigate the potential penalties and long-term consequences of a DUI conviction.
Personal Injury & Criminal Defense Services Available Throughout
Greater Sacramento, Yolo, Placer, and Solano Counties
Antelope, Arden-Arcade, Auburn, Benicia, Carmichael, Citrus Heights, Davis, Dixon, Elk Grove, Fairfield, Fair Oaks, Folsom, Galt, Gold River, Granite Bay, Iselton, Lincoln, Loomis, North Highlands, Orangevale, Rancho Cordova, Rio Linda, Rio Vista, Roseville, Rocklin, Sacramento, Suisun City, Vacaville, Vallejo, West Sacramento, Winters, Woodland