Arrested for DUI? Here's What You Should Know

As a lawyer specializing in DUI cases in Orange County, California, I see people from all walks of life in what may be their darkest moments. DUI is a serious offense that thousands of people are arrested for every year.

Many DUIs stem from a lapse of judgment and one drink too many. While you may not have intended to cause any harm, the potential was there, and it's better for your sake that you were taken off the street for the night. The next day, however, once you've sobered up and come to the realization of what you’re up against, fear, panic, and uncertainty can quickly set in.

In this article, I’ll discuss a brief overview that I give all of my first-time clients when facing their first DUI arrest. I won’t sugarcoat anything, but I will provide you with the essential non-legalese information you need to know as you prepare to fight the case.

 (Note: Although many of these tips and facts are applicable across the U.S., some of my advice in this guide is specific to my area of operation, Orange County, California.)

First Step: Come to Grips with the Situation

Being arrested, thrown into a holding cell and awaiting trial can be a frightening experience for first-time offenders. The most important thing you can do is remain calm, and think strategically about your defense. Panicking and doing or saying anything erratic while awaiting your court date will only hurt, not help.

Next: Call the California DMV Immediately

While courts will hand down the final sentence regarding fines, jail terms, etc. the DMV is solely responsible for the validity of your driver's license. The California DMV gives ten days (including weekends) to request a Stay and a Hearing before it automatically suspends your license.

For those unfamiliar here are some quick definitions:

Stay: This allows you to continue driving after the temporary 30-day pink slip expires, meaning you can keep driving until the date of your hearing (typically 1-3 months after the arrest).

Hearing: This is your opportunity to present your case to try to prevent the DMV from suspending your driver’s license.

Seek Legal Council

In case you haven't already, you need to speak to a lawyer if you want any chance of beating the case. Around the country, especially in Orange County, prosecutors are notoriously harsh on DUI defendants and will stop at nothing to try and add another DUI conviction to their record. Defending against their tactics is extremely difficult without prior legal knowledge or a good lawyer in your corner.

A DUI attorney will be able to adequately collect necessary evidence that will help your case and will be able to develop winning arguments that shed light into your character, career, or other personal traits that make jurors see you as a person, not just another criminal that needs to be locked up.

First Offense vs. Repeat Offenders

As you can imagine, repeat DUI offenders can expect to face harsher penalties and prosecutors and juries are less likely to give the benefit of the doubt like they would for people with no criminal record.

Now that you’ve contacted the DMV and hired a lawyer, here’s what you’ll be up against:

Maximum Penalties

If convicted of DUI in Orange County, you could potentially face the following maximum consequences:

·         Up to six months in jail

·         Mandatory alcohol education

·         $5,000 in fines, fees, and legal costs

These penalties are not to be taken lightly which is why it is crucial that you take your case seriously and solicit legal representation if possible.

Additionally, you could face more severe consequences depending on the nature of the arrest. Expect to be up against even harsher sentences if any of the following are true of your case:

·         A blood alcohol content (BAC) of .15% or greater

·         The DUI involved an accident even if there were no injuries

·         There was a minor in the car at the time of arrest

·         You are accused of speeding while driving under the influence

·         You are on probation for another case or have a prior DUI charge within the last ten years.

Minimum Penalties

For first-time offenders without any previous convictions, there is some good news. Most of the time, you will be given the minimum penalties if you are convicted and show remorse for your mistake. These are the minimum penalties for DUI in California:

·         Three years of probation

·         Mandatory alcohol education

·         Fines and legal fees that total around $1900.

As you can see, the minimum penalties aren't as severe as the maximum, so it's important to keep that in mind as you move forward in your case. However, you will now have a criminal record so acquittal should be your priority.

Hopefully, this guide has cleared some things up for you and given you hope for your case. If you have been recently arrested for DUI in Orange County, feel free to visit my website for information on my services, qualifications, and how I can defend your case.