What Do You Do After a DUI Arrest in Los Angeles County?
Most people are confused after a DUI arrest and have a lot of questions. The DUI process is complex and can be overwhelming.
- Will I have to spend time in jail?
- Will I forfeit my driver's license?
- How much does a DUI cost?
- What will happen at my arraignment?
- What happens at a DMV hearing?
- Can I beat aF DUI arrest in Los Angeles County?
- Will I need to hire a criminal attorney?
These are just a few of the commonly asked questions concerning DUI arrests. You need to know your rights before you go to court.
Having an experienced DUI lawyer by your side in a Los Angeles County court room will make a huge difference in your case. Los Angeles County Drunk Driving Lawyer Ross Howell Sobel will take the time to make sure you understand your rights. He will answer your questions, explain the various defense strategies and help you achieve the best possible outcome bases on the particulars of your specific case.
The following DUI information is basic to the state of California and how the DUI process works. You can visit the rest of the website for more information. You can also contact our Los Angeles County DUI Law Office to schedule a free consultation with Attorney Ross Sobel. At the consultation, he will review your case and make sure you understand just what you will be facing in court.
The DUI Arraignment
Your first court appearance after any arrest, including a DUI, is known as the arraignment hearing. When you are arraigned, the judge will read the charges to you and you will be able to enter one of three pleas. You have the option of “no contest”, “guilty” or “not guilty”. Once you have made your plea, the court will set a date for your trial. If you have never been through an arraignment before, the process can be overwhelming. Your Los Angeles County DUI attorney will be their to make sure your rights are protected and that you understand ever step of the process.
Avoid Suspension of Your California Driver's License
Police officers may take your license once they have arrested you for a DUI. They will provide you with a temporary license and a “notice of suspension”. It will take 30 days for your license to be suspended, although you may have to deal with a revocation or suspension for up to six months or longer. This occurs on first offenses as well. If it was your first offense and you refused to take a Breathalyzer when you were arrested, your license may be suspended for one year. Your suspension may be as long as 2 to 10 years if you have prior DUI convictions. Even if the underlying charges are dismissed or reduced, the suspension of your driver’s license by the DMV may still go into effect.
It is your right to challenge the suspension of your driving privileges by asking for an administrative DMV hearing. You must do so within 10 days of your arrest. You DUI attorney can represent you at the hearing and you will have a better chance at keeping your driver's license.
Requesting a DMV Hearing
Challenging the suspension of your driver's license after a DUI arrest involves requesting a DMV hearing within 10 days of your arrest. You must contact the DMV Driver's Safety Office and submit within the 10 day period or your case will not be heard. Hiring a qualified attorney will be able to file the request and represent you at the hearing.
Losing your driver's license can be devastating especially if you have a job or family that depends on you to be able to drive your car. It can negatively impact your social life and can cause you to miss out on important events that involve your family and the community. This is one of the reasons we try so hard to help our clients avoid having their driving privileges suspended. Ross Sobel is an experienced DUI criminal attorney who practices in the Los Angeles County area. He will aggressively defend you and protect your rights at the DMV hearing as well as in court during your trial.
If you fail to request your DMV hearing within the 10 days, you waive your right to a hearing. Your California driver's license will go into effect 30 days after your arrest. If you have a driver's license from another state and no DMV hearing is requested within the mandatory 10 day period, it is likely that your driving privileges will be suspended in the state where the license was issued.
In California, penalties for a DUI arrest can be extensive. Even first time offenders can receive harsh sentences that include a license suspension of 6 months, 6 months time in the county jail (first offenders rarely spend any time in jail), 3 to 9 months of alcohol classes including assessments, fines and fees that could amount to well over $2,000. Your penalties will be considerably higher if you have a prior offense that was committed within the last 10 years.
Avoid a Criminal Drunk Driving Conviction in Los Angeles County
Many prosecutors will try and make you believe you their case is completely solid and you have no chance. There are several ways to defend a DUI case and Ross Howell Sobel and the staff at his law office knows that one of those defenses may work for you. Let one of our attorneys represent you in court and help you defend your rights.
A few of the most common defenses used when fighting a California DUI are:
Lack of probably cause to make the traffic stop
Mistakes that occur during the process of handling blood and breathalyzer tests
Individuals do not appear to be inebriated during field sobriety tests
Violation of Miranda rights
False or illegal arrest
These are just a few of the defenses that are available for you to use after a DUI arrest. In Los Angeles County, our DUI attorneys will help you determine what defense is best suited for your case. It is extremely important that you call an attorney as soon as possible after your arrest. These cases are very time sensitive and you could lose valuable options if you choose to wait.
Call 805-657-1798 to schedule your free DUI consultation today. We will discuss possible strategies and help put your mind at ease.