SPECIAL REPORT: Mistakes Made After Being
Arrested and Released for DUI in California Los Angeles and Orange counties
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Defending DUI Cases in: Los Angeles - Van Nuys - Pasadena - Santa Monica DUI - Orange County
53 Things YOU Need to Know about Your DUI Case that NO ONE is Telling YOU
How to avoid the 10 biggest mistakes most people make after
being arrested for DUI.
1. Not taking the matter seriously. This is a charge that will follow
you for the rest of your life, if you are convicted. The Department of Motor
Vehicles will keep track of it until you are dead. It has to make sure to take
your license away from you for two years, if you have three lifetime convictions.
the required time, depending on the number of DUI convictions you have.
The additional insurance charges alone will likely cost you thousands of
dollars. If you’re your license is taken away, you have to prepay for an SR-22 endorsement
to your policy. Your insurance company must notify the Department in advance,
if you do not maintain your insurance. It will also raise your rates based on
your conviction.
2. Not hiring an attorney. The law is complex and you need competent
representation. You must raise the right defenses at the right time or you
will lose them. Facts will disappear, memories fade and witnesses vanish.
A winnable case can quickly become a loser. What should you do? You need
legal advice and fast. You want an attorney who knows how to handle your
case.
3. Hiring an attorney based on the amount of the fee alone. The
State has almost unlimited resources when it comes to your case. You need to
hire an attorney and pay a fee which will allow him to put time and effort
into your case to counter the prosecution. Attorneys must earn enough in the
time they spend on your case in order to keep their doors open and make a living
wage. If you go too low, your attorney will not be able to put in the time
necessary to protect you. Look for a reasonable, predictable fee, not the lowest.
4. Not obtaining a temporary license and requesting a hearing at the
Motor Vehicle Department within 10 days, if your license was taken when you
were arrested or refused the chemical tests. If you do not request a
hearing, you will not be able to drive until after a hearing or the Department
returns your license. Driving during this time is a serious criminal offense,
regardless of whether you need to drive for work or personal reasons.
5. Driving after your license has been revoked or suspended. You
have no right to drive after your license has been revoked/suspended, and driving
then is more serious an offense than your original charge. There are no provisions
for you to drive for work or personal reasons.
After a period of time, you may qualify to have your license returned. If
arrested for driving during this time, you may have to post a $10,000 substantial
bond just to get out of jail. If convicted, you face about a minimum 45 days
in jail.
6. Not requesting that the officer be present at your motor vehicle hearing. If
you do not request the officer's presence, you will have to subpoena him or
waive her presence. The hearing will be based on the officer's report only
and you will not hear how the officer will testify.
Many things can be learned at this hearing by your attorney, if the officer
is present. If the officer fails to appear or justify what was done, you get
your license back.
7. Taking the Prosecutor’s first offer. The first offer is not
a bargain, it's just to get rid of your case with the least amount of work.
Very few cases are dismissed or reduced to a non-alcohol charge at this stage.
You do not give the judge an opportunity to rule on constitutional challenges.
You give up your right to raise these issues and make the State prove it's
case.
8. Failing to appear in Court. The Court will issue a bench warrant
for your arrest and revoke any bond. The next time you are stopped for a traffic
infraction, you will be spending some time in jail and posting a bond for your
future appearances.
9. Talking to anyone but an attorney about your case. Anything
you say to them can be used against you. When you discuss your arrest with
friends or family, you risk turning them into involuntary witnesses against
you. It is in your best interest to remember the details of your arrest. It
will help you in your defense. In any criminal case, you must be represented
by a competent defense lawyer.
You may choose a lawyer or risk the consequences of representing yourself.
By hiring an attorney immediately following your citation, you won't miss any
deadlines. Judges won't know if they should protect your rights unless someone
defends you. For example, overworked prosecutors may use reports from inexperienced
or over-zealous police officers to over-prosecute a case.
Defense attorneys are aware of these tendencies and are trained to handle
such situations. If you ask the judge to let you be your own attorney, he or
she must allow this in most cases. But do not do this. In all DUI/DWAIs, get
a lawyer quickly. You should interview immediately after arrest if you can
(you have a 10 calendar day deadline after arrest, if you lost your license).
10. Thinking that talking to numerous attorneys will help you handle it on
your own. You need to have an attorney go to Court with you.
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