Driving while under the influence is a common mistake and one that’s easy to avoid. Over 1,200 drivers in California were arrested for DUI on the Fourth of July weekend alone in 2023. Mistakes happen in life, but it’s wise to learn from them and prepare for the aftermath in the best way possible.
Part of learning from your mistakes is understanding what happens if you’re subject to a DUI arrest in California. Drivers with DUI arrest records in the Golden State could have their license suspended and face severe criminal charges. The consequences are worse if you have a history of driving under the influence.
Fortunately for your freedom and finances, you’ve found the perfect guide for your first DUI in California. You’ll learn the steps to fight the charges and improve the odds of resuming your previous life. Continue reading to dive into California DUI laws today!
Release From Jail
After you’re arrested for driving under the influence in California, law enforcement officers will take you to a holding cell at the local jail and document your information, where you will need a DUI defense lawyer. Most people are released from prison after a few hours in a cell.
Most instances of DUI arrests don’t require the person to post bail. You’ll be released without bail if it’s your first DUI arrest and you didn’t injure another person or damage property when driving.
Don’t let your release from jail lull you into a false sense of security. Most people believe that the worst of things is over, but you should use this time to start preparing your case. Hiring a California DUI lawyer is vital to lessen your charges and penalties for driving under the influence.
Restricted License
The next domino to fall with California DUI laws is the restricted license. The process starts automatically after you’ve been arrested for driving under the influence. The California DMV starts the Administrative Per Se Hearings regarding your legal right to operate a motor vehicle.
You must contact the DMV within ten days of your DUI arrest to defend your state-issued driver’s license. Your license will get suspended for 30 days from the date of your arrest if you fail to schedule and attend a hearing.
Getting the ball rolling with your hearing will allow you the right to drive to your scheduled hearing. The automatic suspension will get postponed and stay for months as you navigate the legal system.
Don’t expect to win on your own, but your odds are decent for a favorable outcome if you hire a reputable DUI lawyer. They’ll present evidence that the license suspension is unlawful due to the circumstances of your arrest. They’ll point to your Blood Alcohol Content and that the arrest was illegal to help you keep your license and right to drive.
Several factors will determine your suspension. A first-time offense for a non-commercial driver could face a suspended license for four months. A driver with multiple violations could lose their right to drive a motor vehicle for the rest of their life.
Get a Restricted License
Having a suspended license doesn’t mean the sky is falling. There are still options to help you get around and drive again, especially if you don’t have a history of DUI arrest records. The best option to consider is a restricted license.
Your restricted license grants you the right to drive to and from work and a rehab treatment program. You must be 21 or older and agree to take the chemical test to determine your BAC. You can’t have caused injuries to other people, and you’ll need to enroll in the first-time offender program.
The last steps entail paying a re-issuance fee and providing proof of car insurance to the California DMV. Repeat offenders can also apply for a restricted driver’s license 90 days after their DUI arrest. It comes with the condition that you must install an ignition interlock device to ensure the car won’t start until you prove you haven’t been drinking.
Hear the Consequences
While getting your restricted license, the courts and legal system analyze your case and determine a fair punishment for your decision to get behind the wheel after drinking alcohol. Your criminal charges are a separate obstacle to getting your license suspended.
A conviction for a first-time offender often results in a 3-year informal probation period. You’ll also face fines near $400 and penalty assessments that cost $2,000 and require you to attend 30 hours of an alcohol offender program.
You won’t face any jail time for a first-time offense and conviction. The possibility of jail time increases if there are other factors at play surrounding your DUI. Having a minor in the car with you or traveling 30 miles per hour over the speed limit could result in time spent in jail after your arrest and conviction.
Other consequences could include mandatory community service and participating in DUI victim panels. Consider these consequences before choosing to get behind the wheel after drinking alcohol.
Repeat Offenses Are More Severe
You’re facing different consequences for your poor decision to drive while intoxicated if you have a history of DUI arrests. You’ll face a minimum of 96 hours in jail for a second DUI offense. The maximum sentence is one year in prison, and county prosecutors will shoot for the maximum.
They’ll also push your license to be suspended for up to two years. Refusing to take the chemical test or getting a second DUI while on probation results in you not getting a restricted license for an entire year.
Think twice before drinking and driving a second time. Start taking steps to Clean Your Criminal Record and enjoy everyday life again.
Tips to Hire a DUI Lawyer
Hiring a reputable and qualified DUI lawyer in your area is the best chance to regain your previous life. Your lawyer has the experience and skill set to help you overcome the charges you’re facing and get a second chance at life. It’s an expensive option, but it’s something you should think about before choosing to drive while intoxicated.
Here’s a look at the most essential things to look for in a California DUI attorney.
Avoid Public Defenders
In most cases, you have a right to legal representation regardless of your financial situation. Shows like CSI remind the charged individual that an attorney will be appointed if they can’t afford one. The arresting officers should also remind you of this through your Miranda Rights.
Public defendants provide free legal services and are familiar with California’s DUI laws. They’re also likely to have relationships with the local judges and prosecutors. These connections help if you want a plea bargain after your DUI arrest.
The drawback of public defenders is their massive caseloads. You’ll need help to get the assistance and attention your case deserves, putting your situation at risk for the worst-case scenario.
Hiring a private attorney is wise because you’ll get assistance with your Administrative Per Se hearing, DMV issues, and legal situation. It’s worth paying money to get the representation you deserve.
Start a List
Researching the best DUI lawyers in your area will likely start with an online search engine. There are several other effective ways to build a list of your options and narrow that list.
Online reviews determine whether a DUI lawyer is a solid fit for your situation. You can look at the experiences that past clients had when working with this attorney to decide if they’re fit to represent you and your interests.
When seeking a lawyer for your first DUI in California, personal recommendations and referrals are also helpful. Get these recommendations from someone you trust, and get their thoughts on the job the lawyer did and how their experience went.
Remember to ask about the cost of the lawyer’s services and the case outcome. You’ll understand what representation will cost you and the odds of resuming your previous life.
An attorney you’ve used in the past for other legal matters can also direct you toward a successful DUI lawyer. Use your network and connections to find the best fit.
Use Free Consultations
Free consultations are among the best resources for facing a DUI arrest and suspended license. The benefit of a free consultation is that you can get to know the lawyer and their personality without handing over any money. Each DUI case is unique, but presenting the facts of your case to the DUI lawyer will help them determine if it’s a case they can help with.
A good DUI attorney will examine your case’s strengths and weaknesses before deciding whether they can assist. Most DUI lawyers offer free consultations, while others charge a small fee. The small payment is worth improving your odds of keeping your license and freedom.
Tell the Truth
You must tell the truth when consulting with a DUI lawyer after you’ve been arrested for driving under the influence. Telling the truth could mean the difference between having DUI arrest records follow you through life and getting your previous life together.
The documents your attorney receives won’t tell the whole story or provide all the information your lawyer needs to fight for your case. Your honesty and transparency will help them fill the gaps and strengthen your case’s defense.
Be prepared to answer any questions the attorney asks and provide honest answers in return. It’s the only way to get an accurate assessment from an expert on how you should expect your case to go.
Ask Your Questions
The attorney will ask you questions about your DUI arrest, but you should also have a list of questions to ask the attorney. Take time to create a list before your consultation, so you know the best questions to ask.
It’s crucial to find out how many DUI cases they’ve worked in their career. Ask about their success rate with those cases to determine if they’re the legal expert you want. It’s also helpful to ask who they’d hire if they were arrested for DUI and needed legal representation.
Many attorneys are swamped with cases, so ask beforehand what their caseload looks like. A law firm with an extensive and experienced staff has the resources to cover those gaps and ensure you get the help and representation you’re paying for.
Find out if the attorney can access industry experts who will testify or help compile evidence to bolster your case. Most of all, ask about the number of clients who seek plea deals when facing charges for DUI in California.
Find the Right Personality
You’ll spend significant time working with the DUI attorney over the coming weeks and months. The process will be a struggle if you hire a DUI attorney with whom you don’t like or get along well. Looking for lawyers on paper is simple, but the best attorney is someone you work well with.
Make a decision based on the lawyer’s confidence in their abilities and your DUI case. It helps to choose a lawyer you’re comfortable with to get the best results.
One of the worst mistakes you can make is hiring a lawyer that checks one of these boxes but not the other. Continue searching for a DUI attorney until you find one that makes you feel comfortable and displays confidence and competence.
Start Preparing for Your DUI Arrest Today
Facing a DUI arrest is daunting in a state like California, which has strict DUI laws. Knowing what to expect if you’re caught driving while intoxicated is wise so you can take measures to get a restricted driver’s license and hire a qualified DUI attorney to represent you.
The consequences are manageable if it’s your first DUI in California, though you’ll face jail time for a subsequent charge. Hire a private attorney near you to increase your odds of securing a plea deal or lesser sentence.
Legal issues are no laughing matter; you must know the proper steps to take when facing charges. Learn more by reading our engaging Development and Education blog content today!
