Articles Posted in DUI

Obviously the best way to avoid being arrested for Driving Under the Influence (DUI) is to not Drink and Drive. However, if you are driving during the Holiday season and want to know where the DUI checkpoints are there are many online resources like the one previously linked.

The holidays are upon us and that means more drinking and driving, and more driving under the influence checkpoints. When there are DUI check points, there may also be Fourth Amendment issues. The fourth amendment reads:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

DUI Rear-View MirrorIf you have been arrested for Driving under the Influence there are two cases. One is the Administrative Per Se Hearing (DMV) and the other is the criminal proceedings. Here we will be discussing the criminal proceedings.

If you are arrested for DUI, generally you will be taken to the county jail, booked, and sometimes spend the night in jail. Upon release they will give you a piece of paper for your first court date. That piece of paper you are given is very important as it will have all the information for the first court date, including what courthouse, the time to appear, and the department to appear in. You MUST go to that court hearing, or hire an attorney before to attend for you.

The first hearing is what we call the Arraignment hearing. In many counties you go to the first hearing, you find the courtroom and there will be a list of cases on the wall. If your name is on the list, you sit there and wait until the bailiff tells you what to do, or until they call your case, depending on the county. If your name is not on the list, this does not mean that you can leave and you will never be charged. If you know you are in the right spot, but cannot find your name on the list, wait there for your attorney, if your attorney is not there, or you don’t have one, talk to the bailiff or the court clerk to find out why your name is not on the list.

Getting arrested for Driving under the Influence can be a scary time. After you are arrested the Police Officer generally confiscates your license and provides you with an order of suspension. This can be a very big concern for someone in this position. How will I get to work? How will I take my kids to school? How will I get my daily activities done? How will this affect my license and my insurance?  A DUI lawyer can help you navigate this process. First, you must understand that when you are arrested for DUI in California, the arrest initiates two separate cases. You will have a criminal proceeding, and a DMV proceeding, also known as an Administrative Per Se hearing. These are two totally separate issues. The DMV hearing deals only with your driving privileges and is what will be discussed below.

If you are arrested for DUI, you need to contact DMV within 10 days to request a hearing be set. These 10 days include weekends and holidays, so you must do this right away.  If you have an attorney they will do this for you. A hearing will be set, and you/or your attorney will request “Discovery” and a “Stay” on your license until the outcome of the hearing. The stay allows you to continue to drive pending the hearing.

The hearing is in front of a DMV hearing officer, who is hired by the Department of Motor Vehicles thus, the DMV hearing officer act as the prosecutor and the judge, which is highly detrimental to any person arrested for DUI. Most of these hearing officers have little to no legal training.

Since New Year’s Eve falls on a weekend this year, the celebration activities will significantly increase with more parties and festivities. However, a common associated with these type of gatherings is the presence of alcohol. New Year’s Eve is traditionally one of the worst days of the year in regards to alcohol-related car crashes and fatalities. According to data obtained by the National Highway Transportation Safety Administration (NHTSA) from 2002 to 2008, 140 people were killed in relation to DUI crashes on New Year’s Eve and New Year’s Day in the United States. Not only are these deaths caused by drunk drivers, but also drunk pedestrians who inadvertently walk in front of oncoming vehicles.

Whether it’s setting up checkpoints or stationing themselves near bars and clubs, law enforcement will be constantly patrolling the streets to prevent accidents and fatalities from occurring. In order to avoid starting the New Year off with a DUI, our Folsom DUI defense attorney has comprised a set of tips to keep in mind as you ring in 2016.

  • Assign a designated driver – Whether it’s close to home or far away, if you plan on traveling to a party, it’s imperative to delegate a driver who will remain sober and responsible for providing a safe ride home.