Understanding DUI Arrests and Defense in Orange County
Understanding DUI Arrests and Defense in Orange County. Being charged with a DUI is not only a frightening but also an intimidating experience. Before you know it, you will be thrust into a world that you are ill-equipped to navigate on your own. A DUI arrest can lead to jail time, suspension of your driver’s license, mandatory participation in a drug or alcohol program, fines paid to the court, financial problems, among other consequences. It is for this reason that you should never plead guilty to such charges without first consulting some of the best Orange County DUI attorneys.
Hiring a highly trained and experienced DUI defense attorney is highly recommended since they will work with you to understand your unique situation and prepare thoroughly to fight for your rights both in and out of the courtroom.
Here are a few tips to help you get through the process:
- Cooperate with the police officer: trying to outsmart law enforcement during an arrest is not a smart choice. It is your lawyer’s duty, after the arrest to determine if the police followed proper protocol. Be polite and professional during the procedure.
- Allow the breath or blood tests to be taken. While you have the right to refuse field sobriety tests, including a portable alcohol breath test, you must take an evidentiary test (in Orange County DUI cases, that means a breath test or a blood test. Failure to take this test during arrest leads to the automatic suspension of your license for one year.
- Call a DUI attorney. Get in touch with one of the experienced Orange County DUI attorneys immediately following your arrest.
What are the steps you should take after being arrested?
The events that follow after being arrested and charged with DUI can lead to a complicated and intimidating process that can be too much for you to handle on your own. Understanding the process of what follows after a DUI can help ease your fears.
Understanding your arrest
The state initiates two cases against you:
- Administrative action by the DMV regarding your driver’s license; and
- The criminal case in the courts related to the criminal DUI charges.
Administrative action by the DMV
Once you have been arrested for DUI, the DMV starts the process to suspend your license immediately. You only have 10 days after your arrest, including weekends, to request a DMV APS Hearing (Administrative Per Se Hearing) to fight against the automatic suspension of your license.
Without the representation of an experienced DUI attorney, your chances of winning this hearing are slim. If you opt to retain a DUI attorney, they should make strong objections as to the evidence provided by the DMV as well as provide their proof as to why they should not suspend your license. After that, the hearing officer should take the time needed to make a decision and the verdict will be mailed to you and your attorney.
The DMV hearing is primarily about your driving privileges and the circumstances surrounding your arrest. It does not decide whether you are guilty or innocent of a criminal act.
The criminal case
Your first court appearance in a criminal case will be the arraignment, where your charges will be read out, and you will be required to enter your plea which is either, guilty, not guilty or no contest. After the arraignment, you will proceed to a pre-trial hearing. If the case is not resolved at this stage, either by having your DUI dismissed or a plea bargain, the case will proceed to a trial.
Legal issues associated with DUI case defense in Orange County
When it comes to the legal issues related to a DUI, there is a great deal of detail that is involved in these type of cases. The consequences of a DUI are so severe that every technical facet of the case needs to be analyzed to find a defense that will save your future from serious repercussions. Many facets of the investigation need to be explored by a qualified DUI attorney to give you the best possible defense. Some of the issues that your attorney may need to explore include the legality of the stop, individual health issues, the legality of the arrest, the science behind the breath and blood testing.
Choosing an experienced DUI lawyer who is aware of all things about the arrest, illegal interrogation, due process, and refutation of legal guidance and evidentiary issues is crucial.
Being convicted of driving under the influence, even on the first offense with no injuries can lead to serious penalties, increased insurance rates and even worse, a criminal record. Hence, you need to look for one of the best Orange County DUI lawyers to help you with your case.
Contact our firm today for help with your Orange County DUI.
Understanding DUI Arrests and Defense in Orange County is made much easier with the help of an experienced, professional Orange County DUI attorney. Our firm Miller and Associates is dedicated to DUI defense in Orange County, and we can help protect you and guide you towards the best possible outcome in your DUI case. Contact us today.