What to Do Immediately After a DUI Arrest in California

A DUI arrest can be a frightening and disorienting experience, especially in California where the laws are stringent and the consequences severe. The moments immediately following an arrest are critical and can significantly impact the outcome of your case. Knowing what steps to take can help protect your rights and improve your legal standing. This guide provides essential advice for navigating the immediate aftermath of a DUI arrest in the Golden State.

Understanding Your Rights During a DUI Stop

In California, law enforcement officers have specific protocols they must follow during a DUI stop. While it might feel overwhelming, remember that you have rights. You are not obligated to answer incriminating questions. You have the right to remain silent, and anything you say can be used against you. It’s crucial to exercise this right. Politely state that you wish to speak with an attorney before answering any questions.

Field Sobriety Tests (FSTs) and Preliminary Alcohol Screening (PAS)

Officers often request that you perform Field Sobriety Tests (FSTs) or a Preliminary Alcohol Screening (PAS) test. While refusing a PAS test before arrest does not carry an automatic penalty, refusing a chemical test (blood or breath) after a lawful arrest can lead to severe consequences, including an automatic license suspension, regardless of the outcome of your DUI case. This is due to California’s ‘implied consent’ law, which states that by driving on California roads, you implicitly agree to chemical testing if lawfully arrested for DUI. However, you generally have the right to choose between a blood or breath test.

The Importance of Legal Counsel

One of the most critical steps you can take immediately after a DUI arrest is to contact a qualified criminal defense attorney. The legal landscape surrounding DUI charges in California is complex, with nuances that can significantly affect your case. An experienced attorney can provide immediate guidance, explain your rights, and begin building a defense strategy. They can also help you understand the dual nature of a DUI case: the criminal court proceedings and the administrative per se (APS) hearing with the California Department of Motor Vehicles (DMV).

The DMV Hearing: A Time-Sensitive Matter

Upon a DUI arrest, your driver’s license will likely be confiscated, and you will be issued a temporary license valid for 30 days. You have only 10 calendar days from the date of your arrest to request a DMV Administrative Per Se (APS) hearing. If you fail to request this hearing within the 10-day window, your driving privileges will be automatically suspended. An attorney can handle this request for you and represent you at the hearing, which is separate from your criminal court case.

Documenting the Incident

While the details of your arrest might be hazy due to stress or the circumstances of the stop, it is vital to document everything you remember as soon as possible. Write down the time, location, officer’s name, what was said, what tests were administered, and any other relevant observations. This information can be invaluable to your attorney as they investigate your case and identify potential defenses.

What Not to Do

After a DUI arrest, it’s natural to feel anxious and want to explain your side of the story. However, it’s crucial to avoid certain actions that could harm your case:

• Do not make statements to law enforcement without your attorney present: Anything you say can be used against you.
• Do not resist arrest or argue with officers: This can lead to additional charges.
• Do not consume more alcohol or drugs: This could complicate your case further.
• Do not miss your court date or DMV hearing request deadline: These deadlines are critical.

Moving Forward

A DUI arrest is a serious matter, but it is not the end of the road. By understanding your rights, acting quickly to secure legal representation, and carefully documenting the events, you can significantly improve your position. For comprehensive legal guidance and robust defense against DUI charges, consider consulting with a firm that specializes in criminal defense like Tung & Associates. The expertise of a dedicated legal team can make all the difference in protecting your future.