Have you recently been arrested for driving under the influence? Many people are first-time offenders and are completely unaware of what they are up against. If you have just been taken into custody under suspicion of drunk driving, then you have come to the right place.
A DUI charge can have serious implications as it is a criminal offense and not your average traffic violation. If you do not act fact you could lose your license and your chances of beating the charges will severely dwindle. Now is the time to make informed decisions and to obtain aggressive representation to defend you in court.
Being arrested for DUI is a scary and unpredictable experience but we can help you take steps to protect yourself and the outcome of your trial. In order to improve your chances of success, there are several best practices to implement after being arrested for DUI.
If you have been arrested for a crime, then it is critical that you know and understand that you have certain rights that you should take advantage. These constitutional rights are place there for your own protection and in this particular scenario they can keep the situation from escalating any further.
The most important thing to remember is that you have the right to remain silent and you are not obligated to answer any police questions while you are in custody. By refraining from talking you can also avoid making any incriminating statements that could be used against you later on. You also have the right to an attorney and you should be given the opportunity to contact them so they can be present during questioning.
When pulling someone over and putting them under arrest, law enforcement officials have a strict protocol to abide by. If the officials violated your constitutional rights at any time during this process, then that could result in case dismissal or at least a reduced sentence. It is very important that you share every detail about your arrest with your attorney and you tell them what sobriety or chemical tests you were subjected to.
You will also want to share back story with your lawyer by telling them what you ate, drank and did before you were arrested. If you have a certain physical condition or if you were sleep deprived, the officials could have mistaken that for signs of intoxication. For repeat offenders you will want to inform your attorney of your previous DUI conviction so they can possibly come up with a more strategic defense - otherwise you could face harsher criminal penalties.
If you have been arrested for DUI in the state of California, then you (or your attorney) are required to contact the DMV within ten days of your arrest to schedule your DMV hearing, otherwise your license will be automatically suspended. This is your only chance to protect your driving privileges before they are taken away for a period of time. Take this opportunity to convince the panel that your license should not be taken away and that you are indeed a safe and responsible driver.
If you are asked to participate in a chemical test once you are in custody, you should not refuse. Under California state law, your license can automatically be suspended for a year if you refuse- you could also be required to pay a fine of $125. The law requires that you take either a breath or blood test and by having a California driver's license you have already given your implied consent. An experienced DUI attorney however, will know how to challenge the validity of the test results. A strong defense starts now; obtain an assertive legal advocate immediately after your arrest to better your chances of dismissing or reducing your charges.
California courts have been cracking down on drunk driving and they have harsh penalties in store for convicted offenders. If you have been charged with DUI and you are unsure of what to do or who to turn to, we are here to help. At the Law Office of Frances Prizzia we have had great success in our efforts to have DUI charges reduced or discharged completely. Our firm has been serving the residents of Southern California for a over a decade and we have a notable history of case victories. Attorney Prizzia is a true believer and a zealous advocate of client rights and she will fight tirelessly to protect your rights and to preserve your best interests.
Our criminal defense firm comes highly recommended by past clients and fellow counsel alike and we are known for operating with integrity and professionalism. We have also been recognized as Clients' Choice by Avvo in the field of criminal defense. Attorney Prizzia takes a "hands on" approach with every case and she will stop at nothing to obtain the best possible outcome. We want to help you save your license!
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