What To Do After You Are Arrested for a DUI
O nce arrested for a DUI, you will be taken to the police station where you are obligated by law to take a chemical test, either a breath test or a blood test. You have a choice of which test to take. Some DUI lawyers suggest advise people to take the breath test because they are more unreliable and can be more effectively attacked in court. However, a breath cannot be preserved so it cannot be retested. Other DUI lawyers advise people to take the blood test. While blood tests are more accurate, and harder to attack on terms of validity, a blood test requires a licensed nurse to draw the blood. This can take hours for a nurse to become available, giving your body time to work some of the alcohol out of your blood. Also, the blood sample is preserved, and you and your attorney can have the blood retested to dispute the government’s results. Remember, you must choose to submit to one of these tests. Refusing to submit can result in a mandatory 1-year suspension of your driver’s license.
If the chemical tests reveal that your blood alcohol level was higher than 0.08% your driver’s license will likely be revoked. You will be given a temporary 30-day license. After those 30 days, your license will automatically be suspended for 4 months by the DMV. You can request a hearing with the DMV to challenge the automatic suspension, but you only have a 10-day window after your arrest to do so. If you miss that window, the DMV will not grant you a hearing and your license will be automatically suspended. However, if you do request a hearing within 10 days of your arrest, you temporary license will be extended pending the outcome of your hearing.
It is in your best interest to contact a criminal defense attorney as soon as possible after your arrest to arrange for your DMV hearing and prepare your defense in court. To better help your attorney prepare your case, write down as much as you can remember about your arrests. Write down:
- What you were doing or where you were going before you were pulled over,
- How much you had to drink,
- When you had your last drink,
- How long you were detained before being arrested, or
- What the officer said and how he behaved.
Write down everything you can think of even if it doesn’t seem relevant.
If you need a Sacramento DUI attorney, contact Attorney Matthew C. Tabo at (916) 504-2660 . I will represent you with passion, individualized focus, and determination.
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