A DUI is a serious offense that can carry large fines, suspension of your driver’s license, and even time in jail. California law considers DUI to be a criminal offense. If you’ve found yourself facing a DUI, you need the best legal support in defending yourself and fighting the DUI charge
Our law group will get you a free consultation with a top Brea DUI attorney best suited to the details of your case. They’ll guide you through the legal process ahead, scrutinize the evidence against you for any weak spots or rights violations, and pursue the most favorable outcome for you.
What Do I Do if I Get a DUI in Brea?
If you are arrested for driving under the influence in Brea, there are some steps you can take (and avoid) to reduce negative consequences. If you were taken to jail after your arrest, you will usually be released within a few hours. After that, you should:
- Contact a DUI attorney in California as soon as you can
- Contact the DMV within 10 days to get an administrative per se hearing (If you don’t, your license could be suspended for an extended period)
- Report to your court date
- Adhere to any punishment set out for you, including fines, classes, license restriction, and even probation/jail time
- Make sure you have the proper insurance, as your provider may have dropped your plan
An experienced Brea DUI attorney will be able to guide you through this process and even provide services like rides to and from the courthouse. Don’t hesitate to contact a lawyer before you do or say anything about your DUI charge.
Is It Possible to Beat a DUI Charge in California?
Winning a DUI case is absolutely possible—but your best bet for doing so is by working with an experienced DUI lawyer. The best attorneys have a solid track record of success in cases where their clients get a much lighter sentence or, in some cases, win completely and walk away free of charges.
A DUI lawyer will use tactics like the following to use the prosecution’s evidence against you in your favor:
Negotiate With the Prosecution
This is often the best way to truly beat a DUI charge. An attorney will work to bring the prosecution to the table and bargain for a better outcome for you. Our skilled DUI lawyers in Brea know what to say to make sure you get the best deal possible.
Examine How You Were Arrested
Under the law, you’re guaranteed certain rights, known as the Miranda warning, when being placed under arrest. If the officer didn’t follow the proper procedure or violated your rights in any way when arresting you, your lawyer will find this out and use it in your case when defending you.
Look for Inconsistencies in Testimony
It’s not uncommon for police reports, police statements in court, and witness reports to conflict. Sometimes, an officer will write one thing in their police report but say something different in court—or a witness testimony will be completely different from an officer’s. Even if the officer has the best of intentions, they are still human and sometimes act in error.
Your DUI lawyer will find any inconsistencies in information or procedure that could be used in your favor when building your case.
Check the Accuracy of Test Results
If law enforcement had you take breath or blood tests, your lawyer will examine these results and the manner in which they were obtained. It’s very common for improper procedures to skew results and bring a false or inaccurate reading. Your lawyer will challenge any issues, and if they’re found, the test results may not be allowed in court at all.
DUI lawyers get good outcomes for their clients every day, and the sooner you’re represented after your arrest, the better. Your lawyer can get to work right away looking at the evidence and uncovering ways to challenge it.
How Do You Get a DUI Dismissed in Brea?
While one DUI doesn’t ruin your life, having it on your record can keep you from finding a job or getting a good insurance plan. Having your DUI dismissed can make that problem go away.
Your lawyer can move to dismiss your charge using Penal Code (PEN) § 991 for a misdemeanor or PEN §995 for a felony. The basis for a dismissal can either be the violation of your rights during your arrest or insufficient cause to continue with your case.
Your Brea DUI attorney will look for evidence (or lack thereof) that proves that your case should be dismissed by the judge. This can either be a dismissal without prejudice, meaning the prosecution can refile charges, or dismissal with prejudice, meaning the court will not hear your case again.
Three Crucial Deadlines to Know About in a DUI Case
There is typically a certain amount of time between a DUI arrest and the trial, but that time should be spent wisely—and there are some fast-approaching deadlines you’ll need to be very mindful of meeting:
1. Your License Suspension and DMV Hearing
After your arrest, the California DMV will automatically place an administrative suspension on your driver’s license unless you contact them within 10 days of the arrest. You’ll need to request a DMV hearing if you want to try keeping your license between now and the trial.
A DUI lawyer can help you request and schedule this hearing. And there are other benefits of this hearing besides having a chance to convince the DMV you should get your license back:
The license suspension usually begins 30 days after your arrest, but it’s often hard for the DMV to schedule your hearing that soon. This will delay your suspension until the actual hearing date, which might not happen for months.
An Advantage for Your Lawyer in Court
This DMV hearing is a chance for your lawyer to get more information about your case. They can subpoena the officer who arrested you to get their testimony before the trial. Having this information will allow your lawyer to look for any inconsistencies in the officer’s story, which can help you in court.
A Chance to Keep Your License
If you have success during the DMV hearing and delay your suspension, and your lawyer then wins your DUI case in a month or two, you might not have to lose your license at all.
2. The Arraignment
The second deadline you need to understand is the arraignment hearing. During this short hearing that occurs less than two weeks following your arrest, you’ll either plead guilty, not guilty, or, in some cases, no contest.
The arraignment is your first chance to show the prosecution you plan to fight your conviction. DUI cases take money and resources, so you and your DUI lawyer can demonstrate that your case will be difficult. This can ultimately help you get a better deal.
3. The Trial
Trials usually happen within 30-45 days after the arrest. However, your lawyer will fight to get you a deal out of court before this time, in which case you may be able to resolve your case without the need to go to trial.
This is why it’s so important to contact a DUI lawyer as soon as possible after your arrest. The sooner you can get an experienced attorney on the case, the better chances you have of avoiding a trial altogether.
Talk to a DUI Lawyer in Brea Today
Don’t go it alone after a DUI arrest. The law takes this type of offense seriously, and you need experienced legal help to fight for the best outcome possible. We can get you a FREE consultation with one of the top Brea DUI lawyers.
They’ll examine your case and get to work as soon as possible looking at the evidence against you and your best options for minimal penalties. Call us today, or fill out the form to the right for your free consultation.