California DUI is one of the most difficult crimes for a lawyer to defend, because of the complexities of criminal DUI laws, issues on blood-alcohol, and separate California DMV administrative hearings.
You need to understand that the court or the authorities rely heavily on your breath to determine your innocence and or guilt. Your DUI lawyer needs to be well experienced with the DUI process, and DUI law to defend your California drunk driving charges. This is the first thing to do.
If you were stopped for suspicion of DUI, you need to be as polite and respectful as possible to the officer. However, you need to be firm in declining to take the tests. You are not required by law to take the DUI field sobriety tests. Even if the officer asked you to take the handheld breath test, you should decline it politely by reminding them of the California DUI law.
If you are already arrested, or someone is, it is difficult to locate him in custody. To find him, ensure that the complete name and date of birth are available. Obtaining the drivers booking number will also be helpful.
There are cases in which the arrested driver is released on their own recognizance; there are others who are required to post bail. Locating a bail bond provider is the next step to do. If you want to redeem your drivers license from custody, you need also to pay the bail. Usually, the authorities require 10% of the drivers bail amount to secure his or her release.
California DUI cases are dual-faceted. The driver faces DMV DUI case, and a criminal court case. The driver facing California drunk driving charges has 10 days after the arrest, to request for a DMV DUI hearing otherwise, he will lose his driving privileges. Failure on your part to request a hearing will prompt the DMV to process the suspension on your drivers license.
You will have your arraignment in court before the DMV hearing. It is at this time when you will enter your plea, guilty or not. Despite the fact that facing a jury trial makes many accused drivers nervous, it is important to fight the California drunk driving charge in court. There are California DUI cases that have an absolution verdict.
The nature of the DMV DUI hearing is to determine the status of your drivers license. The DMV will figure out whether there are legal basis to suspend or revoke your license. There are times in which drivers are guilty as charged and yet, retain their license.
There are also cases, in which the drivers are absolved, but there is suspension or revocation of their license. Other cases end up with a conviction and suspension or revocation of license. Even with the first California DUI conviction, the convicted driver is required to serve jail time from 96hours to 6 months, DUI fines from $390 to $1000, and license suspension of up to 6 months.
The driver must complete a California DUI program. He is required to present Proof of Financial Responsibility for Reinstatement. Finally, he may be given an order to install an ignition interlock device.