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ARRESTED FOR DUI: NOW WHAT?

WHAT DO I DO IF I AM CHARGED WITH A DUI? 

A first offense DUI is a misdemeanor, not a felony. Therefore, Victoria can appear for you per Government Code 977(a) at your arraignment and at all pre-trials so that you don’t have to miss work. This alone can save you hundreds if not thousands of dollars. Why stress yourself out by appearing in court once a month? Let Victoria do the heavy lifting and hard work to get to the bottom of your defense. While she’s at it, let her get the charges dropped or significantly reduced whereby you avoid thousands of dollars in fines, an ignition interlock device (usually around $2,000.00 and a severe pain in the rear,) and an alcohol class AB-109 (cost approx. $2,000), duration: one year. 

A charge for DUI is really two cases in one: a DMV hearing and your DUI case that is heard in court. 

The DMV hearing is administrative in nature and is less formal than a court proceeding. 

WHAT ABOUT MY DRIVER’S LICENSE?? 

Law enforcement will take your license (physically take it) and give you a piece of paper which is a temporary license for to and from work or school. 

Scheduling a DMV hearing is harrowing, but it is something that has to happen, or you will lose your license to drive which can cause more charges such as driving without a license, Vehicle Code 12500, a misdemeanor, or other charges. You already have the DUI and the DMV hearing; you don’t need another case! 

You will be given a temporary license (good for 30 days) and that will tell you that you have TEN DAYS FROM THE DATE OF YOUR ARREST to request a DMV hearing. If you fail to do so your driving privilege will automatically be suspended!  

IF CONVICTED, YOUR LICENSE MAY BE REVOKED FOR: 

1st time DUI:  1 year if you have no prior DUI’s or convictions for the last 10 years. 

2nd time DUI: 2 years if you have a DUI within the last 10 years 

3rd time DUI: 3 years if you have 2 or more convictions within the last 10 years. 

Person in handcuffsTHE OTHER THING YOU NEED TO KNOW ABOUT YOUR ARREST: 

An arrest for a DUI does not equate automatically to a conviction. As your advocate, we at the law offices of Victoria Clemans, want to keep your track record pristine and we know you do too. We will help you to develop a strategy, look for mistakes made by law enforcement during the stop, investigate the field sobriety tests to see if the breathalyzer was in good working order and if it was calibrating your blood alcohol correctly. The legal limit in California is ,08, hence, your BAC (Blood Alcohol Content) cannot be above that. If you were given a blood test, your blood will be independently tested through an independent laboratory. 

WHAT HAPPENS IF I REFUSE TO GIVE A BREATH OR BLOOD TEST? 

If you refuse a breathalyzer (PAS) or a blood test, your license will automatically be suspended! 

It is best to cooperate with the authorities if you are stopped for a DUI.  

California regulations include California Code of Regulations under Title 17, Division 1, Chapter 2, Subchapter 1, Group 8. Among other guidelines, Title 17 dictates that samples of blood or urine shall be tested only by a laboratory approved and licensed by the California Department of Health Service (CA DHS) and in accordance with regulations established by the DHS. 

The Breath Test: 

The Breath Sample is the most common because let’s face it, it’s cheaper than blood or urine, it’s faster and shortens the amount of custody time (15 minutes for a proper read-out) and can be easily learned by the operator of the device. Lastly, it has little invasiveness of the human body. 

The Blood Test: 

Blood tests measure the percentage of alcohol in the driver’s blood at the time of testing. Blood samples are retained for one year from the date of collection, and during the retention period, a sample of the BAC analysis is requested by the defendant for analysis and a sufficient sample remains, the laboratory shall provide a portion of the sample to the defendant. Blood samples need to be protected from light and heat.  If a blood sample is requested by the detainee, he or she can ask for a blood test. Generally, law enforcement will take you to the nearest cop shop to have your blood taken before it leaves the individuals bloodstream. 

This is why if a blood sample is given, Victoria will have an independent laboratory analyze the sample and if it defective, your case just may be thrown out.  

With the right lawyer, there is a good chance the charges will be dropped or significantly reduced. 

This is why you need an aggressive attorney who will do the heavy lifting and not just talk at you like a salesman. We want to hear your story because there is a lot at stake and Victoria gets it! We won’t pass you off to some junior associate, you will be treated with the respect, dignity and integrity you deserve. 

A DUI conviction comes with astronomical fees, an alcohol program, an ignition interlock device and more. Therefore, a DUI case is not something you want to do alone! You need a strong lawyer in your corner, and Victoria is that lawyer. 

Don’t put off getting your attorney, the best time to get one is before the 10-day period when your license will expire. 

WHAT TO DO TO AVOID GETTING A DUI 

-USE A RIDESHARE, THEY ARE ALWAYS IN YOUR AREA AND USUALLY 5 MINUTES AWAY 

-GIVE YOUR KEYS TO A FRIEND THAT IS THE DESIGNATED DRIVER 

-TAKE A RIDE WITH A FRIEND AND COME BACK THE NEXT DAY TO RETRIEVE YOUR CAR.