What to Do First for a DUI in Los Angeles
10 day restriction for Los Angeles DUI
Upon release from custody after an arrest for a Los Angeles DUI, whether it is with bail or on your own recognizance, you will be given a temporary license and a citation. Both of these documents are vital to your case. The citation will provide a hearing date which you must attend if you do not obtain legal counsel. This will be the "arraignment" or first criminal process. Your regular license is replaced by a temporary license which allows you full driving privileges for 30 days.
If you fail to call the DMV within 10 days after your arrest for a Los Angeles DUI to schedule a hearing then on the 31
st day you will lose complete driving privileges for 4 months on a first offense DUI. Since the court proceedings are a separate course of action than the
DMV hearing - the judge will likely impose an additional suspension. If you
contact our law firm within 10 days of your arrest we will be able to schedule your hearing for you. In addition, if your license has to be suspended we will do everything in our power to ensure that it is suspended for the least amount of time possible whether it is with a restricted license that allows you to drive to and from work or it is by running concurrent
DMV and court imposed suspensions.
Your Rights in a Los Angeles DUI Case
It is important to know that simply because you were arrested for a Los Angeles DUI does not mean that you have no rights. There are a number of defenses that arise in a Los Angeles DUI case which could result in a dismissal of the DUI charges. Mr. Wallin is a trained
Los Angeles DUI criminal defense attorney who will make sure to look at all faces of your case and the Prosecution's case against you to see any errors that may work in your favor. It is your constitutional right to have competent representation that will subpoena records and question police statements. The prosecution rests on the arresting officer's police report including any
blood or breath alcohol tests and
field sobriety tests. These tests are very unreliable and often not kept up to code.
Our Los Angeles DUI Attorneys will request calibration records to make sure that the machines used in your case were up to code and will test your blood sample independently of the arresting agency to make sure that your BAC reading was completely accurate. In addition,
field sobriety tests are notoriously fallacious in determining the sobriety of a person. Whether it is poor instructions given by the officer, bad road conditions, a pre-existing medical circumstance or simply the nature of the test - our Los Angeles Offices will present all relevant evidence in your case. A BAC of .08% or higher does not mean that your case is over.
If you get pulled over for a Los Angeles DUI
If you get pulled over for a Los Angeles it is vital that you understand your rights. First, you have the right to remain silent. This does not mean that you should not answer questions like when your birthday is and your address, but you do not have to and should not go into details trying to explain any perceived driving errors. Usually, when someone is pulled over by a law enforcement agency they are nervous which could lead to excessive talking or a stand-offish demeanor, both of these could be perceived by an officer to be "signs" of intoxication. Take a deep breath and relax. Be polite and if you don't understand something ask for an explanation. You have the right to know why you are being pulled over. The law enforcement agency must have a valid reason or probable cause to pull you over.
When you get your California Driver's License you have given your implied consent to a chemical blood alcohol test. Refusing a chemical test could result in harsher restrictions from the
DMV and the court following your Los Angeles DUI arrest. Be sure to take note of what you had to drink and how much you had to drink, when you started and stopped drinking, what you had to eat last and when you ate it. All of this information could be helpful in your Los Angeles DUI case.
Our attorneys has successfully tried hundreds of
Los Angeles DUI cases. We can look at all of the circumstances surrounding your LA DUI case to determine what defenses to bring up.