Being arrested for DUI is a frightening and overwhelming experience. In California, where DUI laws are among the strictest in the country, the consequences of a conviction can have long-lasting impacts on your life, including your driving privileges, career, and reputation. If you or a loved one has been arrested for driving under the influence, taking the right steps immediately can help protect your rights and improve your chances of a favorable outcome.
At Cherish Om Law, our experienced DUI defense attorneys are committed to providing the focused, results-oriented representation you need during this difficult time. Below are the essential steps you should take following a DUI arrest.
1. Remain Calm and Cooperative
During your arrest, it’s critical to remain calm and polite. Avoid arguing with law enforcement or resisting arrest, as these actions could lead to additional charges.
- Provide your driver’s license, registration, and proof of insurance when asked.
- Remember that you have the right to remain silent—politely decline to answer questions without an attorney present.
2. Understand the DUI Charges
In California, DUI charges fall under two main sections of the Vehicle Code:
- VC 23152(a): Prohibits driving under the influence of alcohol, even if your BAC is below 0.08%.
- VC 23152(b): Makes it illegal to operate a vehicle with a BAC of 0.08% or higher.
Both charges are serious, but they require different types of evidence to convict. A skilled attorney can challenge these elements to protect your rights.
3. Know Your Rights Under Implied Consent Laws
California’s implied consent law requires drivers lawfully arrested for DUI to submit to a chemical test (breath or blood) to measure their BAC. Refusing a chemical test can result in:
- Automatic license suspension.
- Enhanced penalties if convicted of DUI.
However, field sobriety tests and preliminary breath tests (before an arrest) are often optional. You have the right to decline these tests without penalty.
4. Write Down Key Details of Your Arrest
As soon as possible, document everything you remember about the traffic stop and arrest. Include details such as:
- The reason the officer gave for pulling you over.
- The officer’s actions and questions.
- The tests you were asked to perform and how they were administered.
This information can help your attorney identify weaknesses in the prosecution’s case.
5. Contact a DUI Defense Attorney Immediately
After a DUI arrest, time is of the essence. Hiring an experienced DUI defense attorney can:
- Protect your rights throughout the legal process.
- Challenge evidence, such as the legality of the traffic stop or the accuracy of BAC tests.
- Negotiate for reduced charges, alternative sentencing, or dismissal of your case.
At Cherish Om Law, we provide personalized representation tailored to the specific circumstances of your case.
6. Request a DMV Hearing Within 10 Days
Your DUI arrest triggers an automatic license suspension through the California Department of Motor Vehicles (DMV). To contest the suspension, you must request a DMV hearing within 10 days of your arrest.
- Your attorney can represent you at the hearing and present evidence to keep your driving privileges intact.
7. Avoid Discussing Your Case Without Legal Counsel
Do not discuss your case with anyone, including friends, family, or law enforcement, without consulting your attorney. Anything you say can potentially be used against you in court.
8. Understand Potential Consequences of a DUI Conviction
Penalties for DUI in California vary based on prior offenses and aggravating factors:
- First Offense: Up to $1,000 in fines, 48 hours to 6 months in jail, and 6-month license suspension.
- Second Offense: Up to $1,000 in fines, 96 hours to 1 year in jail, and 2-year license suspension.
- Third Offense: Up to $1,000 in fines, 120 days to 1 year in jail, and 3-year license suspension.
Additionally, convictions can lead to DUI school, installation of an ignition interlock device (IID), higher insurance premiums, and other collateral consequences.
9. Explore Possible Defenses
Every DUI case is unique, and there are several defenses that an attorney can use to challenge the charges, including:
- Lack of probable cause for the traffic stop.
- Faulty BAC testing equipment or procedures.
- Alternative explanations for signs of intoxication, such as medical conditions.
- Unconstitutional DUI checkpoints.
The attorneys at Cherish Om Law have extensive experience crafting customized defense strategies to achieve the best outcomes for our clients.
10. Take the Next Steps Toward Resolving Your Case
Facing a DUI charge can feel overwhelming, but taking proactive steps can make a significant difference. By working with a skilled attorney, you can confidently navigate the legal process and protect your future.
Why Choose Cherish Om Law for DUI Defense?
At Cherish Om Law, we understand the serious implications of a DUI charge and are dedicated to providing compassionate, results-driven representation. Whether this is your first offense or you’re facing repeat charges, our team has the expertise to build a strong defense and help you achieve the best possible outcome.
Contact us today at (831) 291-5315 to schedule a consultation and take the first step toward safeguarding your rights and your future.
