The Riverside DUI law firm encourages people who have been apprehended for driving under the influence (“DUI”) in the state of California to take these four actions immediately.
- Appoint an accomplished California DUI defense lawyer such as those in the Daniel Flores Law Firm to handle your case.
- Schedule a DMV administrative hearing to contest the suspension of your driving license within 10 days or less from your DUI arrest.
- Discuss with your attorney the various DUI defense options you can successfully use in your case.
- Examine with your attorney the possible DUI plea bargaining strategies that might be necessary in your case
These are the very basic steps that answer the question, “What should I do now?” for every person apprehended for a DUI charge in the state of California. Now we will provide further information on the various steps involved in a DUI charge in California.
Getting Pulled Over By The Law For Driving Under The Influence
A driver suspected of drunk driving will be pulled over for a driving violation or suspected DUI. A driver might be pulled over for not making a signal while turning, faulty lights, or any other simple traffic violation. Albeit how the DUI probe starts, DUI officers always make the same basic observations whenever they demand a driver to perform a breathalyzer test. Some of the signs they will be looking for are:
- The smell of alcohol from the driver’s clothes or vehicle
- Bloodshot eyes
- Redness in the face
- Talking incoherently or slurred speech
Based on these observations an officer can ask you to perform simple field sobriety tests to corroborate their presumptions. Alternatively, the officer can demand the driver to undergo a preliminary alcohol screening (PAS) test or a breathalyzer test to determine the exact level of blood alcohol in your system. Based on the officer’s preliminary inspections, the driver will be arrested under California Vehicle Code 23152(a) or DUI.
What Happens In California After A DUI Arrest?
Once a driver is arrested for DUI in California, the police will want to determine the driver’s blood alcohol concentration (BAC) level from a police station or medical institution. A breath test or blood test are the two ways the police might use to measure the driver’s BAC level. Results from a breath test are prepared instantly. The results of a blood test are not immediately available because the blood sample is sent to an independent laboratory for an assessment.
California vehicle code 23152(b) will be applicable if the results of the breathalyzer test indicate the driver has a blood alcohol concentration at the legal level of 0.08% or more. A driver with a lower than expected BAC might be required to take an additional blood or urine test under the suspicion of doing drugs. Refusal to conduct the additional tests if necessary will have an additional charge on the driver of “refusal”. Drivers successfully charged with refusal can expect to get their driver’s license suspended for one year, spend two days in county jail, and pay additional fines.
The police might retain a driver temporarily in a jail cell for a few hours before releasing the subject. How long they decide to retain a driver depends on the driver’s criminal history and the current situation. A driver might be released after an official report has been filed about the incident. The officer will only release the driver on the condition that they appear in court on the assigned court date. Once the report has been filed the prosecutor will either officially charge the driver with a California DUI or decline to file charges.
The Process Of Selecting The Right California DUI Defense Lawyer?
Every driver charged with a DUI in California has three options to make it through the court process.
- Represent yourself in court
- Get a public defender assigned based on your budget
- Employ a private DUI defense attorney
Representing Yourself In Court
Representing yourself in court is a bad idea any way you do it. The average driver does not have the expertise, experience, or understanding of the legal process to successfully defend themselves in court. No matter how simple you think the case is, you will never be able to successfully represent yourself in court because the case will get complicated.
Getting Assigned A Public Defender Based On Your Budget
The difference between representing yourself and getting a public defender is that a public defender knows the legal process. A public defender also knows the judges, prosecutors, and other defense attorneys. The only problem is, they do not have much spare time for individual cases. Another problem is that there is only so much they can do with the limited resources that they may or may not have.
People with a limited income can successfully get a public defender assigned to them. If for any reason you are not satisfied with the services provided to you by your public defender, there is nothing you can do about it until the case is over.
California residents have a general misunderstanding that a private DUI attorney will deliver much better representation in court in comparison to a public defender. Private DUI attorneys are not all as dedicated to their profession and the best interest of their clients as they should be. This field of the law is especially notorious for providing clients that can help lawyers make a quick buck to help them reach the fame and success they are looking for in their profession. If you must look for a private DUI attorney to represent you in court make sure they have these characteristics:
- Well-acquainted with the latest developments in California DUI laws
- Excellent skills and experience to mediate, intervene, and negotiate on behalf of their client
- Aware of the latest DUI trial strategies that can be applied in court
The private attorney you hire should have all of these expertise because the private DUI attorney’s success will translate into your success in court.
