What To Do If You are Arrested for a DUI in Elk Grove
What to do if you are arrested for a DUI in Elk Grove
Step One: Consult With an Experienced DUI Attorney
If you have been arrested for a DUI you need to act quickly to protect your rights. There is no substitute for getting the advice from a knowledgeable DUI lawyer. Every case has its own set of unique factors that should be analyzed carefully. Fortunately, most DUI lawyers offer free initial consultations. Take advantage of this and look for an attorney you can trust. Not all DUI attorneys are created equal. You will know you have found the right one when you find one who you can trust and who you can afford. In addition, if you are going to hire a DUI lawyer anyways, it is preferable to have them schedule your DMV hearing for you. If the attorney schedules the DMV hearing, it is more likely that the police reports and other discovery materials make it to the right place in time for the hearing. Likewise, as it can be a painful process to try to get through to the DMV, you might as well let your DUI attorney do the leg work.
Step Two: Schedule a DMV Hearing Within 10 Days
If you are arrested for a DUI in Elk Grove, the first thing you must do is schedule a DMV hearing. Once you are arrested your drivers license is set to automatically suspend 10 days from the date of your arrest. An attorney can easily schedule a hearing for you, which will result in a stay or a legal hold on the automatic suspension. A hearing date will be set some time in the future, and you will be allowed to drive at least until the results of your hearing are released. Hopefully you win the hearing and there is no suspension at all. If you lose the hearing, an experienced DUI attorney can advise you on how to successfully apply for a restricted license which will allow you to drive for work.
Step Three: Meet with Your Defense Attorney and Formulate a Plan.
Once your DMV hearing has been scheduled, and the DMV is in contact with your attorney, your discovery will likely be sent out fairly quickly. Upon receiving the discovery, you and your attorney are now ready to meet and begin to formulate a plan. With the police reports in hand, an experienced DUI attorney will often be able to predict whether or not you are likely to fact a license suspension. IF you attorney thinks that a suspension is likely, it may be helpful to make preparations to deal with the 30 days of “hard” suspension. This is especially true if you are required to drive for your job, or if you live a long distance from your work. Similarly, you may want to begin making preparations to get a restricted drivers license to allow you to drive for work. This will require signing up for the appropriate alcohol class and obtaining SR-22 insurance. These are all confusing matters that will make you happy you have an attorney guiding you on. For example, you will want to make sure you get into the correct class the first time, so as no to wast time and money.
After making a plan with respect to your drivers license, you should begin working with your attorney on a plan for how to defend against the DUI charges in court. Carefully review the police reports with your attorney. Work together to discover any inconstancies between what the officers report says, and what you recall. Discuss with your attorney whether a suppression motion is advisable. Finally, make plans to prepare for a jury trial if that is what you attorney recommends. If the case is going to go to a jury trial, it is never too soon to begin to prepare.
