Did you have a run-in with the law over Labor Day weekend and end up in handcuffs or a jail cell for driving under the influence (DUI)? The first thing you should know is that this is not an uncommon occurrence, you are not alone, and there is no need to panic; DUI arrest rates all across America spike each holiday, including Labor Day. The second thing you should know is that you do have to act quickly. In fact, you need to start thinking about your next move
now because the California Department of Motor Vehicles (DMV) will automatically suspend your license for four months or more unless you request an
administrative hearing within the first
10 days of being arrested and charged for a DUI.
At an administrative hearing, you will not be arguing whether or not you are guilty of a DUI. Instead, you will be arguing that the automatic suspension of your license is unjustified, regardless of your guilt or innocence; of course, if you truly believe you are innocent of a DUI, you should make that part of your argument. You can use the help of a DUI attorney to prepare for and conduct the administrative hearing, so it is highly advised you hire one.
Field Sobriety Tests & Chemical Tests
You would, in theory, not be arrested for a suspicion of a DUI unless the police officer had evidence to reasonably believe you were intoxicated. What "proof of intoxication" did they gather to place the charges against you? If it was a field sobriety test (FST), talk to your criminal defense lawyer about all the ways you can challenge those results. Each FST is heavily subjective and depends on the officer's interpretation of your actions and behaviors, which is to say nothing serves as solid evidence against you.
If you were arrested due to a chemical test taken back at the station, such as a breath, blood, or urine test, you might have been told that the blood alcohol concentration (BAC) level is definitive. You should know, however, that this is far from the truth. No matter how fancy the machine may appear, it is not perfect. There are many ways to contest the results of a chemical test analysis, such as uncalibrated diagnostics, untrained administrator, or contaminated samples.
Do you need help preparing to fight your DUI charges and reclaim your license in an administrative hearing after being arrested over Labor Day weekend? Act now and call 888.392.8114 to connect with the Law Office of Frances Prizzia. Our Orange County DUI attorney can help craft your defense, uphold your rights, and protect your driving privileges.