INFORMATION ON YOUR DUI ARREST

You have been arrested for a DUI (Driving Under the Influence).  
Where do you start?  

You likely hold at least three pieces of paper: a pink sheet, a yellow sheet, and a white sheet.  What do you need to do first?  

Step 1

 DETERMINE WHETHER YOUR DUI CHARGE IS A MISDEMEANOR OR A FELONY. 

This step is essential, as felony charges require immediate action.  The arraignment is usually within three business days from the arrest.  Felonies also carry the possibility of being sentenced to prison.  In contrast, misdemeanors are limited to county jail for less than one year.  Additionally, misdemeanor arraignments generally occur a few weeks after the arrest.  THIS MAY NOT BE TRUE IN YOUR CASE - PLEASE FOLLOW THE NOTICE TO APPEAR AND ANY OTHER INSTRUCTION YOU ARE GIVEN FOR SHOWING UP TO COURT.

 

The California Vehicle Code (CVC) section for a misdemeanor DUI is 23152.

 
The California Vehicle Code (CVC) section for a felony DUI is 23153

Here is a set of common DUI charges with explanations.  Locate your charge and read what “elements” the prosecution is required to prove to establish your guilt.  Remember, all DUI arrests are simply accusations until they are either proven in court - beyond a reasonable doubt - or a knowing and voluntary plea of guilty is entered before a judge after you have been advised of your rights by an attorney.  Until one of those two things occurs, you are entitled to the presumption of innocence.  

 

You are not required to prove you are innocent, ever.  

FELONY

DUI

California Vehicle Code 23153

Driving Under the Influence 

Causing Injury to a 3rd Party

MISDEMEANOR

DUI

California Vehicle Code 23152

Driving Under the Influence

Without Injury

HIT AND RUN

California Vehicle Code 20002

DUI PROBATION

VIOLATION

California Vehicle Code 23154

Driving with a Blood Alcohol Concentration of 0.01% or

Greater While on Probation

Step 2

 DETERMINE YOUR DEADLINES.  HOW MUCH TIME DO YOU HAVE? 
WHAT ARE MY DEADLINES?  HOW MUCH TIME DO I HAVE TO FIGURE OUT WHAT TO DO? ​

You have 10 days (ten calendar days) to request a DMV hearing and slow down or stop the license suspension from happening. The DMV hearing is essential to request.  Not only will it place a hold on your suspension from going forward, it will allow you a copy of the police reports - including blood results, if applicable.  THERE IS NO PENALTY FOR HAVING THIS HEARING REQUESTED. 

You MUST learn your ARRAIGNMENT DATE.  This is the date you are required to show up for court. You should hold a "Notice to Appear" with a Court Location, Date and Time to show up for your arraignment.  If you fail to show up at the time and date specified, an arrest warrant will be issued by the judge for a Failure to Appear (commonly referred to as an "FTA"). 

Step 3

 DECIDE TO MAKE THE BEST DECISIONS FROM THIS POINT FORWARD. 
You can't change what has happened, but you can resolve to make the best decisions possible from this point forward. 

You may not need to hire a lawyer.  Although it is always recommended you are advised of all your rights - as well as the ramifications of your decisions - you may not need to hire a lawyer.  Or you may want to consider hiring a lawyer for a "limited scope" arrangement, saving both money and time.  

The best decisions are informed decisions.  If you spend money on legal representation, make sure you walk away from that decision without regret.  While the best lawyers don't come cheap, the most expensive lawyers aren't necessarily the best. 

 

And there is nothing more expensive than wasting your money.  

Learn about ALL of your options and ALL of your rights.  Contact our firm for information.  Don't find out later what you failed to learn now.  

"At some point, everything’s gonna go south on you… everything’s going to go south and you’re going to say, this is it. This is how I end. Now you can either accept that, or you can get to work. That’s all it is. You just begin. You do the math. You solve one problem… and you solve the next one… and then the next. And If you solve enough problems, you get to come home."
~ Mark Watney, from The Martian

So goes life.  Regardless of whether you hire our firm, we sincerely wish you all the best decisions and outcomes moving forward.  Begin today.  

Email attorney Matt Terry directly & confidentially for more information.  

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