What do you do after you have been arrested for driving under the influence charge? Where to start? Where to begin? It is the question I hear potential new clients ask me all the time. Before I continue, I wanted to provide some information:
Experience
I have spent 20 years handling DUI matters. I spent almost ten years as a prosecutor, handling the full range of DUI matters from attempted murder DUIs to low blood alcohol at a DUI checkpoint. I used the time off during Covid to finish a book on DUI. I teach Lawyers DUI defense.
Next, every driving under the influence matter in San Diego county is different. You want to speak to a proven, local DUI Attorney to get the ball rolling on your specific scenario. Someone may never got arrested. They may have been involved in a crash, etc. If you or a loved one is facing DUI charges, contact the Law Offices of Mark Deniz at (858) 751-4384.
What to do when arrested for a DUI?
Being arrested for a DUI is an anxiety-provoking experience, especially if you’ve never been arrested before. And one of the most stressful parts of a DUI arrest can be not knowing what to expect. We want to begin with the arrest.
The arrest
If the police officer believes they have enough evidence, they will arrest someone. That individual usually submits to a blood or breath test (unless there is a refusal).
The officer then has to make a decision to “cite” or book the individual in jail. In the last few years, police have gone to citing individuals instead of booking a person due to the pandemic. If the person is cited, they will receive a ticket-looking document with a future date to come to court. If they are booked, they have to bail out.
After getting out of jail, the individual needs to get their vehicle. It may be in tow. It may be parked somewhere. In some cases, the officers let the individual contact someone to come get the vehicle.
If you or a loved one is facing DUI charges, contact the Law Offices of Mark Deniz at (858) 751-4384.
DMV hearing and taking your driver’s license
Unless you have an out-of-state license, the police will often take an individual’s license upon arrest. They provide someone with a pink slip that is the temporary license. Embedded in the fine print is a notice that the person has 10 days to set a DMV hearing (called an Administrative per se hearing or admin per se hearing) within 10 days of arrest or their license gets automatically suspended.
At this point, you want to start considering seeking representation from a proven San Diego county Attorney. This is especially so if a DUI may have unintended consequences. This includes:
-Licensed Professionals
-People who need to drive for their day-to-day life
-People work for the government
-People who have aspirations of working as a licensed professional
-Military
-Etc
Once retained, our firm heads to the DMV and sets a DMV hearing within the time to ensure the individual can keep driving while challenging the DMV.
If you or a loved one is facing DUI charges, contact the Law Offices of Mark Deniz at (858) 751-4384.
Once the DMV hearing is set, you want to pivot to being proactive in obtaining the best possible outcome.
As the illustration above shows, we have three areas where we focus our efforts. First, we want to obtain positive character information about the client. Next, we want to make proactive recommendations. These tasks help demonstrate to the prosecution and court and are invaluable in helping negotiate a favorable outcome. Finally, we assemble and examine the facts of the case to find potential viable legal arguments.
If you or a loved one is facing DUI charges, contact the Law Offices of Mark Deniz at (858) 751-4384. The key is getting the ball rolling on getting the best possible outcome.
Every San Diego driving under the influence case is different. Each matter needs to be examined to determine the appropriate plan. However, most cases focus on showing character, being proactive, and finding legal issues to get the best possible outcome.
