HELP! I Was Arrested for a DUI! What Do I Do Now?

If you have recently been arrested and charged with driving under the influence in California, it is important to realize that time is of the essence. Your first action should probably be to contact a good criminal defense attorney. However, regardless of if and when you decide to contact an attorney, there are several important things of which you should be aware.

When you are arrested for a DUI, there are two separate and independent proceedings that are set in motion, both with the ultimate goal of punishing you. Obviously, there will be criminal charges, which will take place in the Superior Court in the jurisdiction in which you were arrested. However, there will also be a separate proceeding with the Department of Motor Vehicles where a determination will be made if your license is to be suspended.

Immediately after you are arrested the most important thing for you to do, short of obtaining a skilled attorney, is to contact the DMV’s Office of Driver Safety and request a hearing to challenge the suspension of your license. This MUST be done within 10 calendar days, or your license will automatically be suspended. The U.S. Constitution requires “due process” before your driver’s license is taken away. This means the DMV must notify you of a proposed suspension and allow you a chance to challenge the suspension.

At the hearing, you will have the opportunity to show that a suspension (or revocation) is not justified. Even if you are later acquitted by the criminal court, this hearing is the ONLY time you will be able to prevent your license from being automatically suspended.

It is important to note that since the DMV proceeding is independent from the criminal charges, if you are assigned a public defender, he or she will NOT represent you in a hearing to challenge your suspended license. Unless you retain a private attorney, you will be completely on your own trying to save your driving privileges. While it is possible to win a DMV hearing on your own, an attorney familiar with the proceeding will give you the absolute best chance to save your license.

Further, even if you lose your DMV hearing, an experienced attorney can take advantage of the proceeding by using it to obtain a favorable ruling in the later criminal charges, including possibly a dismissal. For example, by tape recording the DMV hearing, a skilled attorney may be able to later impeach a testifying officer and call into question his or her credibility. If you want to learn more about your case, contact the Law Offices of Scott R. Ball today. Any consultation is totally free and always completely confidential.