Facing a felony DUI charge in California can be overwhelming, frightening, and confusing. The consequences are serious, ranging from potential prison time, loss of driving privileges, and a permanent criminal record.
Unfortunately, what you do after the arrest can be just as important as what happened during the arrest. If you’re facing felony DUI charges, knowing what not to do could make a significant difference in the outcome. Here are seven mistakes to avoid after a felony DUI arrest, and don’t forget to call a Los Angeles DUI lawyer for help.
Talking to Police Without a Lawyer Present
After your arrest, you may feel pressure to explain yourself to the police or try to clear things up. But anything you say can and will be used against you. Law enforcement is trained to ask questions in ways that may elicit incriminating responses, even from innocent people.
Avoid this mistake by asserting your right to remain silent and asking for an attorney immediately. You are not legally required to answer police questions without legal counsel present, and doing so can only hurt your case.
Assuming You’re Automatically Guilty
Many people arrested for felony DUI make the mistake of believing that the charges are final or that there’s no point in fighting back—especially if they failed a breath or blood test or were involved in an accident. California DUI law can be complicated, and many factors could affect your case.
Just because you were arrested doesn’t mean you’ll be convicted. Evidence can be challenged, procedures scrutinized, and rights defended. An experienced attorney may be able to reduce your charges—or even get the case dismissed.
Missing DMV Deadlines
In California, a DUI arrest triggers both a criminal case and a separate administrative process with the Department of Motor Vehicles (DMV). You only have 10 days from the date of your arrest to request a DMV hearing to challenge the automatic suspension of your driver’s license.
If you miss this deadline, your license will be suspended automatically. Don’t assume that the criminal case will take care of everything—it won’t. An attorney can help you request the hearing and represent you before the DMV.
Posting on Social Media
It may be tempting to vent, explain your side of the story, or make jokes about your arrest on social media. But any post—even those you think are private—can be discovered by prosecutors and used against you in court.
Avoid sharing any details of your arrest or case online. In fact, the best course of action is to stay completely silent on social media until your case is resolved.
Failing to Understand the Severity of a Felony DUI
Not all DUI charges in California are felonies. However, if you caused injury or death, have prior DUI convictions, or had multiple DUIs within 10 years, your case may be charged as a felony—which carries much harsher penalties than a misdemeanor.
A felony DUI can lead to:
- A lengthy prison sentence
- A permanent felony criminal record
- Mandatory installation of an ignition interlock device (IID)
- Long-term license suspension or revocation
- Substantial fines and court fees
- Formal probation or parole
If you don’t understand the severity of a felony DUI, you could make choices that hurt your future. Talk to a lawyer immediately to understand what you’re facing.
Hiring the Wrong Attorney
Not all criminal defense attorneys are created equal. Some lawyers dabble in DUI defense without deep knowledge of California’s unique DUI laws, forensic science, or DMV procedures. Others may be overworked or inexperienced with felony-level cases.
Make sure you’re working with someone who has experience handling serious DUI cases. A skilled DUI defense attorney can analyze every aspect of your arrest—such as whether the police had probable cause, if the breathalyzer was calibrated properly, or if your rights were violated.
Delaying Legal Help
Time is critical in DUI cases. The sooner you have legal counsel on your side, the better your chances of protecting your rights and building a strong defense. Evidence can be lost, witnesses can forget details, and critical deadlines—like the 10-day DMV rule—can be missed if you wait too long.
Don’t wait until you’re formally charged or your court date is around the corner. An attorney can get to work right away, sometimes even intervening before formal charges are filed to potentially reduce or stop prosecution.
Don’t Let One Mistake Lead to a Lifetime of Consequences
Now you know about these seven mistakes to avoid after a felony DUI arrest. Being arrested for felony DUI is a serious matter, but the decisions you make afterward can either worsen your situation or help you move forward.
Los Angeles DUI Lawyer can connect you with a qualified attorney who knows how to fight felony DUI charges in California. Whether you’re trying to save your license, avoid prison, or simply understand your options, we’re available 24/7 to take your call. For more information, visit our FAQ page.
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