Driving under the influence of alcohol or drugs is not a small offense in Westminster. You’ll certainly lose your driver’s license after being arrested, and that’s just the beginning.
In California, DUIs are treated as criminal offenses, resulting in criminal penalties, including jail time, thousands of dollars in various fees and fines, mandatory DUI school, and probation.
Getting a DUI can significantly affect numerous aspects of your life if you don’t fight it with the help of a Los Angeles DUI lawyer. That’s why you need to take action as soon as possible by getting a Westminster DUI lawyer on your side. We’ll review the evidence of your case and start fighting for a better outcome for you.
What Happens After a DUI Arrest in Westminster?
After being arrested for a drunk driving offense, there are a number of things that happen. How you handle these steps can impact your entire case, so it’s important to be courteous to officers but also know your rights and not admit to anything without consulting a criminal defense lawyer first.
Right After the Arrest: Chemical Tests
The officer who arrested you will take you to the police station, a local hospital, or jail to measure your blood alcohol content (BAC) levels with a breath or blood sample. If you take a breath test, your results will be available right away.
If you take a blood test, police will send your samples to a lab for analysis, and the results can take a few days (at least) to come back. If your blood alcohol concentration is 0.08% or higher, you’ll be automatically charged for it.
Under California’s Vehicle Code 23152(b) VC, which states it’s illegal to drive a vehicle with 0.08% or more of alcohol in your blood. If your breath test shows your BAC is lower than the officer suspected, they will likely suspect you of drug DUI, and they may have to take a urine or blood test.
What If I Refuse The Test?
It’s important to know that if you refuse to take any of these chemical tests, an additional “refusal” allegation will be added to your charges (which will tack on more penalties). You’ll still get arrested for driving drunk. It may lead to automatic license suspension to refuse a chemical test after you’ve been arrested for DUI, so it’s in your best interest to comply with this part.
Release and the Arrest Report
After you’ve been tested, police will likely hold you in a jail cell for several hours before releasing you. You might be released on a certain bail amount or after making a written promise to appear in court on a specific date.
Your release depends on the details and whether or not you have a criminal history. The officer who arrested you will then finish their report on your arrest and send it to a local prosecutor, who will review the report and decide to either not file charges or charge you with a DUI.
Driver’s License Suspension
After being arrested, the officer will also take your driver’s license, and you’ll be given a slip of paper that acts as a temporary license. In California, the DMV automatically suspends your license 30 days after your arrest unless you fight it.
You must call the DMV within 10 days of your arrest and schedule a hearing to contest the suspension if you want the possibility of not losing your license.
What Are the Penalties For DUI In California?
California DUI penalties are harsh, especially for repeat offenders. The punishments can severely impact one’s life and freedom.
1st Offense
For a first DUI offense, consequences typically include 3-5 years of probation, fines ranging from $1,000 to $3,600, assessments that can total over $3,600, a requirement to complete a 3-month DUI education course, at least 4-month driver’s license suspension, potential installation of an ignition interlock device, and up to 6 months in county jail.
2nd Offense
If convicted of a second DUI, you generally face 3-5 years probation, fines plus assessments up to $4000, 18 or 30 months of DUI school, up to a 2-year license suspension, mandatory ignition interlock device, and up to 1 year in county jail.
3rd Offense
A third DUI offense results in 3-5 years probation, $1,000 base fine plus assessments potentially reaching $18,000, 30 months of DUI education, a 3-year license suspension, a mandatory ignition interlock, and up to 1 year in county jail or up to 16 months in state prison.
4th Offense
A fourth DUI becomes a felony. Penalties are 3-5 years probation, up to $1,000 base fine plus assessments up to $18,000, 30 months DUI school, 4-year suspension or potentially permanent loss of license, ignition interlock requirement, and up to 16 months in state prison.
The escalating punishments of subsequent offenses underscore how crucial it is to have skilled legal representation when facing DUI charges to avoid maximum penalties. An experienced Westminster DUI lawyer can work to build a strong defense strategy to reduce charges or mitigate sentencing.
Entering Your Plea: The Arraignment
Besides the possible DMV hearing, the arraignment is the first major court proceeding in a DUI case. If you were released from jail after your arrest, the arraignment typically happens within several weeks of your arrest.
Before the arraignment, you should already be working with a DUI lawyer in Westminster so they can know your case and advise you on the best way to handle this hearing.
During your arraignment, the charges against you will be read. Then, your lawyer will have to enter a plea. The three plea options are:
- Guilty: You’re admitting guilt and not fighting the charge.
- Not guilty: You intend to fight the DUI charge.
- No contest: You aren’t openly admitting guilt, but you don’t plan to fight the charge. Under a “no contest” plea, you’ll be convicted and sentenced as if you were guilty.
If you plead not guilty, a trial date will be set after the hearing is over. If you plead guilty or no contest, a date will be set for your sentencing. Note that you should never plead guilty without legal advice. A good Westminster DUI attorney will instead work to help you negotiate a better deal.
The DUI Trial
Most DUI cases never make it to this step. If you have a DUI lawyer, they will build a strong case for you and work on challenging the evidence against you. If they are successful enough to get you a fair deal, your case will never have to go to trial, and you can walk away with a much better outcome.
If you do continue to court, which can sometimes happen, you’ll appear at the Orange County Courthouse and sit before a judge and jury to determine your outcome.
How Does a DUI Attorney Beat a Criminal Charge?
There are some steps that a skilled DUI lawyer can take to beat your charge. While it’s hard to dispute your drunk driving charge, some technicalities and details of your arrest could make the difference between your original charge, a reduced sentence, and even beating your charge entirely.
If the following is true, a Westminster DUI attorney could help you beat your charge:
- Your traffic stop or arrest was unlawful.
- Your arresting officer did not read you your rights.
- Your blood test was flawed or improperly carried out.
- Medicine, mouthwash, diet, or some other factor threw off your test results.
- You were not driving the car.
In your free consultation, you’ll tell one of our DUI lawyers in Westminster about your arrest. If there are any red flags that tell us you might have been treated unfairly, we will try our best to prove to the court that you don’t deserve your DUI charge.
Talk to a Westminster DUI Attorney Today
When you are facing drunk driving charges, it is always important to seek legal advice from a qualified attorney. You deserve a DUI defense attorney who has the experience, a successful track record, and compassion to offer you the best possible outcome for your DUI case.
Los Angeles DUI Attorneys can help connect you with a DUI lawyer who has all these qualities and more. Take action to protect your legal rights and provide an aggressive defense to help you reduce or avoid the most severe penalties of your DUI charge.
Contact us for your free consultation and case evaluation to learn how we can provide you with the legal representation you need.
