Charged With A Dui? What To Do Next

By Author: Leonard Simmons
Total Articles: 152
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Criminal defense firms know that an arrest for driving under the influence can be an overwhelming, frightening, and stressful experience for most people. Uncertainty as to what lay ahead, the possibility of jail, and the threat of losing your driver’s license can make the situation even more difficult. In addition, you may not know what to do next, or whom you should turn to. Start with a knowledgeable defense lawyer.
If you have been charged with DUI, it is vital to act quickly and to understand what you face in the upcoming weeks and months:
1. Jail. After you have been arrested, you will be kept in police custody, either at the police station or in county jail.
2. Release from custody. Most people arrested for DUI are eligible for release from custody, either by posting bail or on their own recognizance by submitting a written promise to appear in court at a later date.
3. Finding a lawyer. After you have been released from custody, the next step is to retain the services of a top DUI lawyer. This is one of the most important elements of your case, as it can significantly affect your chances of a ...
... successful outcome. Your attorney will investigate the circumstances of your arrest in detail, represent you at all of your court appearances, and negotiate with the judge and prosecution to try to get your charges reduced or dismissed.
4. Department of Motor Vehicles hearing. As soon as you have been arrested for DUI, the police officer will confiscate your driver’s license and issue a temporary driving permit. You then have 10 days to schedule a hearing with the California DMV. At the hearing, you and your attorney have the opportunity to challenge your driver’s license suspension, and fight to get your driving privileges reinstated. However, if you fail to schedule this hearing within 10 days, you will automatically lose your driver’s license for up to one year
5. Arraignment. The arraignment is the first time you will appear in court for your criminal case. At this time, you will enter your plea of either guilty, not guilty or no contest to DUI. If you plead guilty or no contest, your case ends and the judge will immediately impose a sentence. If you plead not guilty, the judge will set a future court date where your case will be tried before a judge and jury.
It is also important to be represented by a defense attorney who has a thorough understanding of California DUI laws in order to find inconsistencies in police reports and sobriety test results. A DUI charge can be challenged on a number of technicalities. If you are stopped, it is best to avoid engaging in discussion or answering questions from police. Under the U.S. Constitution, you do not have to answer questions other than providing documentation such as driver's license and registration and other basic information. You do have to follow police directions, but you are not required to take a field sobriety test. However, you are required to take a chemical test. If you refuse to take a chemical test, your license will be suspended for a minimum of one year.
Protect your rights. Call several defense firms in your area and ask for free consultations about your case, but do not wait. Time is of the essence in these types of cases.

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