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How Can I Protect My Rights If Arrested For DUI?

Posted by Ronald D. Hedding | Nov 24, 2018

When somebody is arrested for a DUI, it's a terrifying process. Many people are unsure of what to do. The two main concerns you should have are, first, your driver's license. It would be helpful to have that to get around, especially in a metropolis like Los Angeles. So, you'll need to start making some moves related to the California Department of Motor Vehicles.

The second issue you should be concerned about is the criminal court, as they have the power to suspend your license and put you in jail, potentially resulting in a criminal record related to your DUI matter. So, it's of great concern that you could have a criminal record; you could go to jail and have a host of other punishments related to your DUI arrest.

Upon arrest, you'll be given a pink slip of paper, serving as your temporary driver's license for thirty days. This provides a sense of relief, as you can continue to drive during this period. Your regular driver's license will be taken away and sent to the DMV, with the police notifying them of your DUI arrest. It's a situation you'll want to address promptly.

It's crucial to engage an attorney to handle this process. They must be contacted within the next day, and a hearing must be requested. We typically send a letter along with the request, ensuring there's no room for the claim that they didn't receive our phone call within the ten-day window.

If you don't call them within ten days, or they claim they didn't get the call, then you lose your opportunity to fight the DMV from taking your driver's license away. This means you could potentially lose your driving privileges without a chance to defend yourself. Therefore, it's crucial to act promptly. Again, you can handle it yourself, but in my opinion, it's best to get an attorney to handle it.

Retain A DUI Lawyer

Then the second issue is, you're going to get a ticket with a court date on it — unless you had to post bail, then the bail bondsman will give you a court date — and, unless you're a criminal defense attorney, you're not going to know what to do.

You won't know who to talk to, and you won't understand how to represent yourself effectively. So, you're going to want to hire a DUI defense attorney who does DUIs in that court. That makes sense — somebody who has been there before and handled cases similar to yours will be in the best position not only to advise you but to get you the best result, which is obviously what you want.

They'll be able to assess whether you have any defenses to your DUI or whether the police have enough evidence to convict you, and therefore, you need to work out some resolution or plea bargain with them. So, those are the two main concerns—the criminal court and the DMV when you have a DUI pending in Los Angeles County.

Developing A DUI Defense Strategy

Your next step is to meet with an attorney. Prepare a list of questions so that when the attorney answers them, you feel comfortable and understand what's happening. You know what you can do to help yourself.

Once you've gathered all the necessary information and have gained the knowledge, you can start taking control of your life back. This will instill a sense of confidence, knowing what's going on and what you can do to help yourself.

You know what the attorney will do to help you, and you begin the process of taking control of your DUI in Los Angeles and having a sense of peace of mind about it. That's the critical thing. We have problems in our lives. We want to get some resolution in our heads — okay, here's what I have to do. I can deal with this problem.

It's the worst thing, and that's what happens a lot of times in these DUIs, because you're being arrested again. You're being thrown in jail. The police are threatening you if you don't cooperate with them. Now the DMV is coming against you. You have to go to court — who wants to go to court?

So, get an attorney. Ensure the attorney is aware of the courthouse where your case is pending. That's one of the first questions I discuss with my clients. I want to know where your point is? What judge is in front of?

We can figure that out pretty quickly, and I can kind of give you a run-down as to what the tendencies are of that judge, how the prosecutors deal with DUIs in that particular courthouse. Of course, we will review your specific scenario, as not all DUIs are treated equally. The higher your blood alcohol level, the more dangerous the authorities perceive you, and the more punishment you will get—the lower the blood alcohol level, the better position you're in.

So, make the phone call today. Your next step after being arrested and released is to hire an attorney, provide them with all the information in an honest manner, and let them initiate the process of getting this behind you.

About the Author

Ronald D. Hedding
Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

Contact Us Today

Hedding Law Firm is committed to answering your questions about DUI law issues in California and throughout the United States.

I'll privately discuss your case with you at your convenience. All consultations are free, discreet, and confidential. Contact us today to schedule an appointment.

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