First-Time DUI in California: What Happens and What You Can Do

Driving under the influence of alcohol and/ or drugs is against the law. However, many people who find themselves facing these charges have never before been involved in the criminal justice system. Oftentimes, people are confused, scared, and simply just do not know what to do. If this sounds like what you are experiencing, don’t worry! While the situation is serious, you do not have to go through it alone.

Attorney Kellee Parker Harris of Parker Law Center has dedicated her practice to helping those facing DUI charges. Her representation is unparalleled due to her experience, knowledgeable and fierce advocacy. Attorney Parker is sympathetic to your situation and firmly believes that a person’s ability to drive, as well as his/ her future freedom, should not be jeopardized. She knows how to effectively pursue the most favorable outcome available for your case and protect your rights throughout the process, making her a powerful and valuable ally when going up against your prosecution.

What to Expect During a Typical First Time DUI Arrest

If you have been charged with driving under the influence, you were likely contacted by police either while driving, at a DUI checkpoint, or as a result of a collision. Following the initial contact, you were probably asked a number of questions regarding drinking and submitted to standardized field sobriety tests. You may have even been asked to submit to a breath test prior to your arrest which is known as the preliminary alcohol screening (pas) test. Typically, following standardized field sobriety tests and/ or administration of the pas test the arrest takes place. Upon arrest the officer must inform you of implied consent. Implied consent under California law requires you to submit to your choice of either a breath or a blood test when the arrest is due to alcohol. If the arrest is due to driving under the influence of drugs then you would be required to submit to a blood test. Normally, a few hours following the booking process you get released on your own recognizance and provided a date to appear in court. Sometimes the jail requires you to post bail prior to your release. The arresting agency will confiscate your California driver’s license at the time of your arrest and should provide you with a pink piece of paper. The pink paper serves as your temporary license and provides notification for you to request an APS hearing. All of this may have happened so fast that you may or may not remember parts or even all of it happening.

Here are some tips for dealing with a first time DUI arrest:

• You must contact the local Driver Safety Office within 10 days of your arrest in order to request an APS hearing and a stay on your license suspension. The stay will prevent your license from being automatically suspended in 30 days.
• The APS hearing and your criminal case are not the same. These are two separate proceedings and need to be prepared for accordingly.
• You should not attempt to defend yourself at either the APS hearing or in court. You have the right to an attorney at both proceedings and you should exercise that right to the fullest possible extent.

A seasoned Southern California DUI lawyer can often work with prosecutors to have first time DUI charges with low blood alcohol levels reduced to “wet reckless” charges, or maybe even dismissed altogether. This means you should not hesitate to consult with a legal professional as soon as possible.

Call Parker Law Center today at (800) 805-8804 to request your free case evaluation and get started!