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What to Do in a DUI Arrest, According to California DUI Lawyers

Updated: Dec 29, 2022

Finding the best California DUI Defense Lawyers Might be the Best First Step


An individual who has been arrested for a DUI can contact a DUI Defense lawyer for consultation and a cost estimate. The most important thing at first would be to ensure that the individual was released from custody so that they could contact a bail agent or a DUI Defense Attorney for assistance. If a loved one is being held in jail, they can call a bail agent, a bail bondsman, or, better still, an attorney right away.


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The DUI Defense Attorney in Los Angeles will be able to directly contact the jail or police department and possibly secure a release or get someone out without having to post bail, saving a lot of time, hassle, and, of course, money. If they can't get the person out on their own, they can enlist the help of a bondsman to get the person out. This is mostly obtained at a lower cost from an attorney rather than from a family member or a person.


Should you refrain from using social media to discuss the situation?


Everyone in today's world is linked via the internet. Facebook and Twitter are common platforms for sharing information, but users must be cautious about what they post. Any information not personally supplied to the Los Angeles DUI Defense Attorney but disseminated to the public can lead to prosecutors or police officers discovering it.


Especially if anyone was involved in an accident, district attorneys, lawyers, and police officers would search the internet for evidence. Always be cautious about what is posted on the internet, as victims of traffic accidents can search for information and bring it to the district attorney's attention.


The individual should avoid making any admissions or revelations on social media or the internet because it could have negative consequences. Remove all social media posts about the incident and refrain from sharing anything else that might lead to an incriminating statement.


People also go out for an evening and take pictures of it because there may be pictures on social media of them out having dinner or drinks, which could give the wrong impression if they were arrested for driving under the influence or if there was an accident that resulted in a DUI since there will be pictures of that person earlier in the night drinking and partying.


Is it necessary to keep track of potential witnesses who could testify?


DUI cases are very fact-based, and what can and cannot be done will depend on the specific circumstances, the specific facts in the case, and what the jury decides. People with a DUI case sometimes believe there are no witnesses, which is wrong. In a DUI case, there are several witnesses, some of which may be competent witnesses such as police officers, who would testify to what they saw.

There could be other witnesses, such as drivers in the vehicle with the person at the time, or if the person was transported by the police department and they had a busy night, there could be other people in the police car who could testify to what they heard, what the person said, how the officers acted, and the investigation the officers conducted.

Witnesses may also be people who were present during the day or evening's activities, such as the person with whom they had dinner or who they were with later at the bar. If they were at a wedding or other social event, other people might have observed whether they drank or did not drink and for how long. And if the individual was arrested at 2 a.m., witnesses can be identified all the way back to the middle of the day.


If the person was detained and put in a police vehicle, there could be witnesses with whom the person would later interact. A registered nurse or a phlebotomist may have been involved in the blood draw, as well as a breath test machine operator, and, if the individual was arrested, booking staff at the jail. These witnesses will testify to the person's appearance and behavior and their ability to walk, speak and understand questions.


When an individual is arrested, they may contact a bail bondsman at the time of the incident, and the bondsmen will be able to provide details about how the person appeared and responded.


Can the person seek advice from their family or friends?


When someone has been arrested for a DUI, there isn't anything they can do to change the situation. Instead, they should concentrate on the future and possible outcomes. Turning to a support group can help make the process a little easier, but many people would prefer not to discuss this personal experience with friends or family members because it is a painful and private situation.


There are also ways to turn for help, places that are compassionate and knowledgeable in cases like these. One place they might turn would be to their DUI Defense Attorney, who would have firsthand knowledge of the process, how the individual was feeling, what to expect, and how to proceed from there.


There are also services available for counseling, whether one-on-one or in a group setting. Alcoholics Anonymous, for example, has open forums where everyone can come to listen to other people's stories. If more extensive care is needed, they should discuss it with their DUI Defense Lawyer in Los Angeles.


The person may also turn to close friends and family members who might understand the situation, and they could be shocked by how many people do not go around openly expressing their emotions but have been in a similar situation, so knowing that they are not alone when dealing with a DUI case may be comforting.


Should You Answer Police Questions Or Contact Your DUI Attorney?


Someone who has been arrested for driving under the influence would prefer not to discuss the situation with anyone. The DUI Attorney would like you to have as little contact with law enforcement, judges, or even insurance adjusters as possible because everything would go through the attorney's office.


You want the DUI Attorney to be the spokesperson; in most cases, law enforcement officers will not touch anyone they arrest in a normal DUI situation. If there are extenuating circumstances, such as an accident, an extra investigation may be conducted, and the person charged with the crime may not wish to speak with the police. They may like to contact their DUI Attorney to inform the officers that they have one, so they would want to remain quiet and have their attorney respond to any questions.


Because the person cannot comply with law enforcement, the best option is to go through the attorney's office. This protects the person from potentially incriminating comments.


The person would be required to deal through their insurance firm, but this could be accomplished via their attorney's office.


Should the individual reveal information about previous DUIs to their DUI Attorney?


Throughout the DUI process, the individual must work with their DUI Attorney. Since the attorney/client privilege prevents the attorney from disclosing sensitive details that may be damaging, it's better to get all of the information to the DUI Attorney.


People don't really know how far a DUI case can go regarding how it affects work or international travel. In addition, the client may ensure that the council is aware of any possible defenses to the lawsuit. Legal defenses, objective defenses, and science defenses are all possibilities. Medical conditions may also impact a DUI event, affecting one's ability to drive, operate a motor vehicle, and conduct standardized field sobriety checks. Many people are unaware that mental or physical health issues can influence how someone performs on field sobriety tests.


Is it necessary for the individual to abstain from alcohol or drug-related activities?


Your DUI Attorney wants to make sure you don't get convicted. If it does, unfortunately, happen, your DUI Attorney will want to ensure that it was a one-time occurrence and that you wouldn't be back for a second or third DUI. If anyone made a mistake or was stopped for a DUI on a one-time basis, it would end.


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However, people can get into trouble again from time to time, so your DUI Defense lawyer makes sure you take the appropriate precautions to prevent more contact with law enforcement, particularly if the case is still pending or they are on probation. It can impact whether anyone remains out of prison because if they are charged with a new crime, they will most likely be arrested and have to battle two cases from jail rather than just one.


We make every effort to ensure that no one drinks and drives or drives when under the influence of drugs. You want to be certain that there is no such thing as illicit drug use. You should also make every effort to ensure that all drinking occurs in a responsible place and at a responsible time, as your DUI Attorney will want to ensure that they can provide the best care possible to obtain the best possible outcome in a case.


Does the person need to attend any functions, information sessions, or classes?


When dealing with a DUI case, it is important to follow the advice of your solicitor. In a courthouse or a courtroom, there are often subtle differences that can make the difference between winning and losing a case. Before the case even begins, an attorney may advise someone to begin attending Alcoholics Anonymous (AA) meetings.


The attorney's advice may be based not only on the facts of the individual's case but also on the attorney's experience of the courtroom and the habits of the bench officer, judge, or commissioner. If the DUI Attorney advises that the individual attend AA meetings, they should do so and keep track of their attendance.


The DUI Attorney can also suggest more serious treatment, such as inpatient or rehab services, but the client should keep in mind that these suggestions are based on the attorney's expertise and understanding, as well as the facts of the case. It can certainly support a case if it is presented in the best possible light, and it can also hurt a case if it is not.


An ankle monitor or a SCRAM anklet, which stands for "Safe Continuous Remote Alcohol Monitor," may be recommended by the solicitor. They would not ask the person to do so simply because it would be fun, but because it would be something that might support or hinder the case if they did not do so, so it would be best to follow the attorney's advice on attending classes or meetings.


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How Should Charges of "DUI in a Parked Car" Be Handled?


When the police approach a parked car and want to speak with them, they must be extremely cautious and limit their interaction as much as possible; this is true any time you contact law enforcement.


When police officers are not on the job, they may be sweet, polite, and fun to hang around with, but when they are on the job, they are investigating everyone and anyone they come into contact with, and the longer anyone remains in touch with them, the more likely they may find anything to warrant a further arrest and investigation. When police encounter someone who is in a parked car and not moving, they should be courteous and respectful but restrict the details they provide and keep the conversation as brief as possible.

Police have the right to conduct a health check to ensure that someone sleeping in their car is not sick and does not need medical attention.

Don't agree or consent to the investigation being expanded; don't let them search the vehicle, including the trunk; and don't let them get you out of the car. If the cops are asking you specific questions, searching into your car's passenger compartment, or asking you to exit the vehicle, they are well on their way to conducting a thorough investigation into what they believe has gone wrong. They can smell alcohol and want to find out where it's coming from, so don't make any comments or confessions, and don't interact with the cops in any way. Keep the discussion short by informing the officer that the person in the car is well, that they do not need medical attention, and that they simply want to be left alone without engaging in any conversation.


If the conversation continues, the officer may establish probable cause to make an arrest or reasonable suspicion to investigate further. Officers can notice bloodshot, watery eyes and detect an odor of alcohol, but these factors alone are insufficient to warrant further investigation. Don't tell cops where you're going or coming from or how long you've been there because the answers to both of these questions might be used to convict that person of driving under the influence.


If you're in an area where the car was driven, and no one else is around, it's a tough juggling act to be respectful and friendly when giving the officer as few details as possible; they may be trying to figure out if a car is stolen or has been in an accident, so you'll usually have to provide your name and driver's license if you're in an area where the car was driven, and no one else is around. Limit your interaction with them as much as possible, just enough to let them know you're fine, resting, and prefer to be alone.


When several people are in a parked car, how do police decide who gets charged?


Officers are trained to conduct a DUI investigation should they come across someone in a parked vehicle, but they are also trained to pursue as many suspected DUI suspects as possible. If officers observe people switching between the driver and passenger seats, they may attempt to conduct a DUI investigation into anyone in the vehicle. If the police have fair suspicion or probable cause to put several suspects behind the wheel, it's not uncommon for them to make several arrests for DUI.


In the event of an accident, they may attempt to arrest several people for driving under the influence, or if they are unable to arrest anyone for DUI, they may look for some excuse to arrest someone.


They can also arrest the driver for DUI, resulting in the car being impounded and anyone else being forced to walk or arrange for another ride home. If the passengers were out drinking with the driver, the officers could conduct a public intoxication investigation into passengers. Although the requirements for public intoxication and DUI are different, police officers can arrest someone for both public intoxication and DUI.


Drivers, passengers, and police officers can get into a fight from time to time. Someone could be arrested for delaying a police officer if police believe the passengers are obstructing or delaying the officers in their official duties; all of this may result from a DUI investigation with more than one person in the vehicle. The more you speak, the more time you spend, and the more details you provide, the more likely it is that police will try to apprehend you for several crimes.


Getting Your Car Out of the Tow Yard


Following their release, the person can concentrate on obtaining a DUI Attorney if they do not already have one, as well as working on getting their vehicle out of the impound if it has been impounded, which they can do on their own. They may also enlist the help of a DUI Attorney.


Getting the car out of the impound is important as soon as possible. Otherwise, the meter will begin to run, and the bill for the car's stay will rise. The more time the car is impounded, the more it will cost. There are towing fees, towing yard fees, and then a regular fee for the time the car is parked in the lot. To get the car out, the individual should make sure they bring someone with a valid driver's license and insurance who can drive the car.


Impound lots also serve as police officers, alerting authorities if anyone attempts to drive a car without a valid license or insurance.


Can You Look Into Other Modes of Transportation?


Along with the allegation of driving under the influence, people frequently face a possible license suspension from the Department of Motor Vehicles. They should not drive if the Department of Motor Vehicles suspends their license, and they should consult an attorney for advice on the suspension, including what impact the suspension could have and if there was some way to end or convert the suspension early.


If a suspension was in place, the DUI Attorney would want to be sure the individual did not drive because it would be a felony, and they would face fines if found. A suspended license charge can result in mandatory jail time depending on the form of license suspension, so alternatives to driving, such as carpooling and using taxicabs, must be considered.


There may be various options available to the individual, so the amount of stress and aggravation can be reduced with proper preparation. Working closely with their DUI Attorney would have the most accurate information on if and when the suspension would occur, and if it did, how long it would last, and what the individual might do to avoid putting themselves in a risky position.


What Are The Costs Of Getting A DUI?


It is not something that is planned to be prosecuted for driving under the influence. Certain expenses will be incurred if this occurs. Both immediate and long-term costs must be considered. One of the immediate expenses would be having their vehicle impounded, and they would need to get the car out because the bill would continue to rise. There would be no real negotiation or working out payment arrangements with a tow yard or impound lot, so this expense would have to be charged immediately.


When negotiating with a DUI Attorney, various choices and additional costs could be available. When the individual is convicted of something, certain conditions of probation may include paying fines, but those fines come with choices. They might be able to turn it into community labor or community service, or they might be able to get time to pay. There would be payment arrangements available for court fines and fees and class payment plans if classes were needed as part of a case settlement.


What Impact Could a Medical Condition Have on your Sobriety Tests?


While there are some factors officers are taught to search for, standardized field sobriety tests are subject to interpretation. Officers are trained to conduct a preliminary medical screening, such as asking whether the person is already under the care of a doctor or dentist, to rule out any possible problems.


Field sobriety tests can be difficult to pass for several reasons. Since diabetes has signs that are somewhat close to those of someone who is driving while intoxicated, it is important to bring this knowledge to the attention of a DUI Attorney so that they can better defend the case and assess the field sobriety tests, as well as the chemical tests, saliva, or blood tests.

There are several variables that people might be overlooking. Someone with a bad leg may tell their DUI Defense lawyer that they can't do the Walk and Turn test. Breath testing may be affected by other factors such as Gastro-esophageal reflux disease (GERD).

Environmental factors can have an effect on research. People who work around volatile organic compounds for a living, such as in a beauty salon or an auto shop, will be surrounded by a lot of items that could get into their bloodstream and cause breath testing equipment to read falsely, and there are similar possible issues with blood testing and potential blood diseases.


Any physical or medical problems you might have should be disclosed to the solicitor. It's best to err on the side of caution and cooperate with the solicitor, providing as much detail as possible about themselves as an individual, past events, and the events of that particular day or night, so something could be used against you.


Is it necessary for the individual to disclose all of their medical conditions?


Several factors come into play when faced with a case of driving under the influence. Someone's medical condition may impact their DUI situation, whether due to drugs they're taking or physical injuries they've sustained. It would be important to reveal the treatment they were receiving and any previous medical care they may have obtained.


And if the person is unsure if the condition is related to driving under the influence case, they should tell their attorney because it is necessary to notify the DUI Attorney of all medical conditions. The attorney-client privilege would cover it, which could be extremely useful in planning a defense in this situation.


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Someone's success on field sobriety tests will be affected by knee surgery or rotator cuff surgery, which should be revealed. If anyone suffering from a different medical disorder, such as a neurological condition or a respiratory condition like asthma, it would be necessary to inform the DUI Attorney. For various causes, certain people may have decreased lung ability, which may impair breath testing.


When it comes to blood tests, the person may be taking various drugs that could show up in the blood and affect the blood sample's analysis.


What if the accused was found to have prescription medications?


Since drug DUIs are a recent trend, law enforcement and prosecutors are vigorously pursuing DUI drug prosecutions, whether for illicit or prescription drugs. The district attorney's office and local city prosecutor's offices prosecute substance DUIs in the same way they prosecute alcohol DUIs because even though the individual was on a medicinal dosage of prescription medication, they might face the same penalties as someone driving under the influence of alcohol.


I'm currently working on a case in Long Beach where the guy was alcohol-free, meaning there was no alcohol in his system, but he was on a medicinal dose of a prescription muscle relaxant, and the city prosecutor's office would not back down from a full-fledged DUI charge. This will necessitate the use of an ignition interlock system, a breath control machine in the vehicle, and, of course, alcohol courses, both of which are entirely unacceptable for anyone receiving legal prescriptions while under the supervision of a physician.


A charge like this will also result in license revocation, something the Department of Motor Vehicles has not and would not do unless there is a court conviction. You will have to take the case to trial; because the repercussions would be unacceptable and irrelevant to any suspected crime. These issues must be vigorously defended and opposed, or decent and fair citizens will be imprisoned illegally.


Is It Ever Possible To Negotiate On Your Own?


Many people attempt to reason with the police in the hopes of avoiding being arrested. They either ask for a break or inform the officer that they are just a few blocks from home, none of which is likely to help the situation. Maybe if you're a cop, you'll be treated with more respect.


Otherwise, it will be interpreted as a conscious of remorse, and the police will claim that you were aware that you were affected, which is why you attempted to flee. I've also had officers misinterpret it as a bribe, believing that if it was given, the officer would simply take them home, which is clearly not the case.


What to Expect from a California DUI Attorney?


After they've been out of prison, gotten some rest, and gotten their car out of impound, they'll want to find the best attorney to assist them with the process. When applying for an attorney, there are several factors to consider. They should look for a local DUI attorney specializing in DUI cases and speak with a few to see who will be the best choice regarding venue, experience, and price.


Is it necessary to hire a DUI Attorney if this is not the first offense?


The first DUI has the best chance of settling for a favorable outcome and obtaining the best possible outcome by settlement. When dealing with someone who has had a second or third DUI, there will be significantly increased fines, mandatory prison time, courses that could last for months, and license revocation issues.


When things get compounded and stepped up to a second or third DUI, the cases become more difficult to defend, and the repercussions become more serious, so a lot more cases are going to trial to escape the possible pitfalls and costs associated with the second or third conviction.


Is it necessary to take out a loan or borrow money to hire a DUI Attorney?


Depending on the attorney, the type of case, and the venue, payment arrangements are often worked out. Many DUI Attorneys accept a deposit and work out a payment schedule that lasts a few months, while others do not. Many lawyers often charge a flat fee, which is a one-time cash payment, but they also accept credit cards.


There are also attorney lending firms, which are organizations that can lend a loan of credit for their attorney's fees based on the person's credit, allowing the DUI Attorney to be compensated and the client to make payments negotiated by this independent third-party business. Different payment plans are available based on the specifics of the individual's situation, including finance options, credit card options, and community labor and community service options.


Should a client keep in touch with their DUI Attorney regularly?


It is not uncommon for a DUI case in Los Angeles County to take anywhere from 3 to 6 months as the case progresses, but cases can also go on for much longer, even a year or more. The individual needs to keep in touch with their attorney during this process, and in most cases, the DUI Attorney will appear in court on their behalf to represent their interests if they keep in touch.


The solicitor will represent them as long as they keep in touch. If the individual goes missing and cannot be reached, their DUI Attorney will be unable to continue representing them because they will not be able to do a decent job without daily contact.


The client would have the most information on what happened and what was going on at the start of the case, so the information would need to be fed to the attorney regularly so that they could better examine the case, evaluate the facts obtained from the district DUI Attorney, and work for the best possible outcome. They'd need to contact the solicitor at least once a month by phone or email, and depending on how active the case was or where it was in the legal process; it might be several times a week. Keep in contact with your DUI Defense lawyer at all times.


Is it possible for someone to represent themselves?


Any good DUI Defense lawyer will never advise someone to represent themselves in court because there is so much at stake. They will not advise anyone who is attempting to become a criminal defense attorney to defend themselves, either.

They would have to pay more to hire a private attorney if they did not qualify for a public defender. If they cannot afford an experienced private attorney due to financial constraints, they can seek out one with less experience who might charge less money.

An associate who is an accomplished attorney mentor is another choice. This would be a good way to find a Los Angeles DUI Lawyer who takes the matter seriously and who may not charge as much as the experienced attorney, but the individual should bear in mind that a less expensive and less experienced attorney might not produce the same results.


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