Just Arrested for DUI/DWI in California? Here's What You NEED to Do Now.
A DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) arrest in California can be a frightening and overwhelming experience. While many states use both "DUI" and "DWI," in California, the term "DUI" is predominantly used to cover all instances of driving under the influence of alcohol, drugs, or a combination of both. Regardless of the terminology, the consequences can be severe and far-reaching.
If you find yourself in this situation, knowing what steps to take immediately after an arrest is crucial to protecting your rights and building a strong defense.
Best Practices: What to Do Immediately After a DUI/DWI Arrest
The moments following a DUI arrest are critical. Your actions (or inactions) can significantly impact the outcome of your case. Here are the best practices to follow:
Remain Calm and Cooperate (Within Limits): While it's natural to be stressed, try to remain calm. Be polite and cooperative with the arresting officers, but remember you have rights. Avoid arguing or becoming agitated.
Do NOT Admit Guilt or Offer Explanations: Anything you say can and will be used against you. Do not apologize, explain your actions, or make any statements about your alcohol consumption. Simply state that you wish to remain silent and would like to speak with an attorney.
Understand Your Rights Regarding Field Sobriety Tests (FSTs) and Preliminary Alcohol Screening (PAS) Devices: In California, you are generally not legally required to perform Field Sobriety Tests (like walking a straight line, balancing on one leg, or following a pen with your eyes) or take a Preliminary Alcohol Screening (PAS) breathalyzer test before arrest. However, be aware that refusing these tests might lead to the officer using your refusal as evidence against you in court.
Know Your Rights Regarding Chemical Tests (Breath, Blood, or Urine) After Arrest: California has an "implied consent" law. This means that by driving on California roads, you implicitly consent to chemical testing (blood, breath, or, in some cases, urine) if you are lawfully arrested for DUI. Refusing a post-arrest chemical test will result in an automatic driver's license suspension by the DMV, regardless of whether you are ultimately convicted of DUI in court. It can also be used as evidence of guilt in your criminal case and lead to harsher penalties. Generally, it's advisable to comply with a post-arrest chemical test request.
Request a DMV Administrative Per Se (APS) Hearing Within 10 Days: This is incredibly important! Upon a DUI arrest, the police will likely confiscate your physical driver's license and issue you a temporary 30-day paper license. This triggers an administrative action by the California Department of Motor Vehicles (DMV) that is separate from your criminal court case. You have only 10 calendar days from the date of your arrest to request a hearing with the DMV. If you fail to do so, your driver's license will be automatically suspended after 30 days, even if you haven't been convicted in court. An attorney can handle this request for you and represent you at the hearing.
Document Everything You Remember: As soon as you are able, write down every detail you can recall about the stop, arrest, and booking process. Include the time of day, location, what the officer said, what you said, how the FSTs were administered, and any other relevant observations. This information can be invaluable to your attorney.
Contact an Experienced DUI Defense Attorney IMMEDIATELY: This is the single most important step. A DUI arrest triggers two separate legal proceedings: the criminal court case and the DMV administrative action. An experienced DUI attorney understands both processes and can:
Protect your rights.
Advise you on crucial deadlines, like the 10-day DMV hearing request.
Challenge the legality of the stop or arrest.
Scrutinize chemical test results and procedures.
Negotiate with prosecutors for reduced charges or alternative sentencing.
Represent you in court and at DMV hearings.
Likely Penalties of a DUI/DWI Conviction in California
The penalties for a DUI conviction in California are serious and escalate with each prior offense within a 10-year period, as well as with aggravating factors (such as high BAC, an accident, or having a minor in the car). Here's a general overview:
First Offense (Misdemeanor):
Jail Time: Up to 6 months in county jail (though many first-time offenders may receive little to no jail time, often mitigated by alternative sentencing like work release).
Fines: $390 to $1,000, plus significant penalty assessments and court fees, which can total well over $2,000.
License Suspension: 6 to 10 months (can often be converted to a restricted license after a "hard" suspension period, allowing driving to/from work and DUI school, often requiring an Ignition Interlock Device).
DUI School: Mandatory 3 or 9-month alcohol education program.
Probation: 3 to 5 years of informal probation.
Ignition Interlock Device (IID): Mandatory installation for 6 months in most cases.
Second Offense (Misdemeanor within 10 years):
Jail Time: Minimum of 96 hours up to 1 year in county jail.
Fines: Same range as first offense, but often imposed at the higher end, plus assessments.
License Suspension: 2 years (restricted license may be available after 12 months, usually with an IID).
DUI School: Mandatory 18 or 30-month alcohol education program.
Probation: 3 to 5 years of informal probation.
Ignition Interlock Device (IID): Mandatory installation for 1 year.
Third Offense (Misdemeanor within 10 years):
Jail Time: Minimum of 120 days up to 1 year in county jail.
Fines: Same range as prior offenses, plus assessments.
License Suspension: 3 years (restricted license may be available after 18 months, usually with an IID).
DUI School: Mandatory 30-month alcohol education program.
Probation: 3 to 5 years of informal probation.
Ignition Interlock Device (IID): Mandatory installation for 2 years.
Habitual Traffic Offender (HTO) Status: May be designated by the DMV.
Fourth or Subsequent Offense (Felony within 10 years):
Prison Time: 16 months, 2, or 3 years in state prison.
Fines: Can be up to $5,000, plus assessments.
License Revocation: 4 years.
DUI School: Mandatory 30-month alcohol education program.
Probation: Up to 5 years.
Ignition Interlock Device (IID): Mandatory installation for 1 to 4 years.
Aggravating Factors:
Penalties can be significantly enhanced if there are aggravating factors, such as:
High Blood Alcohol Content (BAC) (e.g., 0.15% or higher).
Refusal to submit to a chemical test.
Causing an accident or injury.
Having a minor under 14 in the vehicle.
Prior criminal record.
Other Useful Information
DMV vs. Court: Remember, a DUI arrest involves two distinct actions: the criminal case in court and the administrative action by the DMV. You must address both to protect your driving privileges and avoid criminal penalties.
SR-22 Insurance: After a DUI conviction, you will almost certainly be required to obtain SR-22 insurance, which is a certificate of financial responsibility. This type of insurance is significantly more expensive than standard car insurance and must be maintained for several years.
Plea Bargains: In some cases, a skilled attorney may be able to negotiate a plea bargain to a lesser charge, such as "wet reckless" (Vehicle Code 23103.5 VC), which carries less severe penalties than a standard DUI conviction.
Impact on Employment and Future: A DUI conviction creates a criminal record that can affect future employment opportunities, professional licenses, and even housing applications.
Don't Face a DUI Alone – Seek Experienced Legal Counsel
A DUI arrest is a serious matter with potentially life-altering consequences. Attempting to navigate the complex legal system on your own is highly discouraged. The best course of action is to seek immediate legal counsel from an attorney experienced in California DUI defense.
If you have been arrested for DUI/DWI in California, don't wait. Protect your rights and future.
Contact Criminal Defense Attorney Ryan Couzens at 916-603-2000 for a free case consultation.
