Drunk driving is not a fun, or uncommon, federal offense. California DUI arrests occur unexpectedly. Typically, the driver does not understand the complex legal issues that follow a DUI arrest. With this in mind, though, drunk driving arrests require fast action.
The most pressing issues are to first find an experienced California DUI attorney, while in custody. Next, you need to find a reputable bail bond firm to post bail and go home. Then, you will request a DMV hearing to prevent the automatic suspension of driver’s license.
Following a Drunk Driving Arrest
If a friend or relative is in jail under suspicion of DUI, the first step is to find them. However, locating a driver after a California DUI arrest is challenging without the right resources. When attempting to find a driver arrested for DUI, first gather helpful information.
Information to Provide When Looking for Someone in Custody:
- The driver’s full name,
- date of birth, and
- booking number if available.
These three things will all make the process of locating the driver much easier. Of course, the driver’s release from jail is usually a top priority.
Bond Providers & Posting Bail
In some cases, individuals under arrest for driving under the influence are released on their own recognizance (OR). Still, most people must post bail. This means, the individual must pay a sum of money for his or her freedom. So, once you find your friend or family member, you want to get them out as soon as possible. In this case, locating a bail bond provider is the next step in getting a person released from jail. California bail bondsmen usually require an up-front down payment of 10% of the bail amount to secure the driver’s release.
Legal Considerations
Now, once the driver is out of jail, it is time to focus on the legal considerations.
It’s critical to address the legal issues that stem from a drunk driving arrest as quickly as possible. A California DUI / DUI arrest actually generates two separate cases:
- A Department of Motor Vehicles case and
- A Court case.
An individual facing a driving while intoxicated charge has only 10 days from the date of arrest to request a DMV hearing. This includes weekends and holidays. If not, they risk having their license automatically suspended.
California Court
A California drunk driving court case begins with arraignment. The driver enters a plea of guilty or not guilty. If the criminal defense attorney has any tenure, then they will advise the client to plead not guilty. This is an appropriate defense strategy during arraignment as it is still early in the case. The driving under the influence lawyer allows for time here to examine the facts of the case prior to trial.
There are many tried-and-true defense strategies to fight a drinking and driving charge. Consequently, there are many good reasons to fight a drunk driving charge in court. Some drivers fear that a DUI arrest means an automatic conviction, but that’s simply not true. It’s possible to fight and win a drunk driving case with the help of great legal counsel.
Seek Legal Counsel
It’s possible to win in court and at the DMV hearing to determine driver’s license status. However, keep in mind, these procedures are extremely complex. Additionally, the cost of losing is high. An successful California DUI criminal defense attorney can develop an aggressive strategy to attack both cases.
The Kavinoky Law firm hires only the best criminal defense attorneys in California. 1.800.No.Cuffs is the number you need to remember – and hope you never need. Call us, because nobody looks good in handcuffs. #unlessyoureintothatsortofthing
