- Posted by Arturo Burga
- On May 18, 2019
So you got arrested for a DUI. DON’T PANIC! Here are some important steps to follow right away so that you can have a chance at a successful case.
The first thing you need to do is to not assume that you are guilty. You have to remember that the law requires that the government prove that you were 1) driving and 2) under the influence. The blood alcohol content (BAC) to legally drive in California is .08%. If the government can’t prove all the elements of a DUI then you are not guilty. Surely you were drunk and probably shouldn’t be driving because you can cause an accident and not only put the public safety in danger; but also yourself.
So, you got arrested and given a bunch a papers, what now?
- Keep all the documents given to you when you are released from custody.
The police will most likely keep your driver’s license, however, you will be given a document that says “Temporary” driver’s license. This is only valid for 30 days after which your license will be suspended; but wait…you have to read the whole document because if you don’t, you’ll miss something very important. You might miss your chance to request a DMV Hearing. There will be other documents given to you, which you should have an attorney review them for you. It will help your attorney start gathering facts and important information about your case.
- Request a DMV hearing within 10 days of your arrest
Most people that come to our office either forget to do this or didn’t know about it. We understand, not everyone is an expert in DUI’s. However, whether you decide to hire an attorney right away or not, you must schedule this DMV hearing within the 10 days. This will allow you to contest the suspension or revocation of your driver’s license.
- Consult with a DUI Defense Attorney
Seriously! Do not try to handle a DUI charge alone. Remember what we mentioned earlier. The government has to prove that you were driving under the influence of alcohol or drugs. At Burga Law Firm PC in Rancho Cucamonga, we have successfully defended many clients from getting a DUI conviction. Some were dismissed and others were reduced to Reckless Driving. What we do for our clients is we review their documents and we appear in Court for them. In court, we obtain all of the evidence that they have against our client. This includes the police report, the body cams, the dash cams, the blood analysis, etc. We look for mistakes or Constitutional violations.
- Get your driving privileges back!
Whatever the result of your case is, you still want to get your driving license back. The Judge has no control over this step. This is an issue between you and the DMV. The DMV will require you to complete some courses and fines so that you can apply for a restrictive license. A restrictive license will allow you to drive to work and school. However, as of January 1, 2019, the court can require you to install an interlock device in your vehicle for about 12 to 48 months. This interlock device will prevent you from starting your car if it detects alcohol in your system. You will have to pay for it, it ranges from $3 to $5 per day, basically, you might have to skip on that Starbucks coffee for a year or more.
For more information on what to do after you are arrested for a DUI you can give us a call at (909) 538-8320 to schedule an appointment to speak with us in person or a quick phone call. These steps may be different if you are under 21 or this is not your first DUI.
Don’t try to fight a DUI alone. The government will try to convince you that you are getting a “good deal” if you plead guilty.