Arrested for a DUI?
A DUI charge can be overwhelming, but knowing your rights and choosing the right attorney can make all the difference. We’re here to help guide you through the legal process. Here’s what you need to know about your rights, the DUI process, and how an experienced DUI attorney can protect your future.
Understanding Your Rights After a DUI Arrest
If you’re pulled over for suspicion of DUI, it’s crucial to understand your rights:
You have the right to remain silent – You are not required to answer incriminating questions. Politely decline to discuss where you were or how much you had to drink.
On a first DUI, you have the right to refuse field sobriety tests, (FSTs). These roadside tests (such as walking in a straight line) are voluntary and often subjective. A PAS test, Preliminary Alcohol Screening device, is also considered a FST. Refusing them can limit evidence against you.
You will have to take a chemical breathalyzer or blood test – In California, refusing a chemical test after arrest will result in an automatic license suspension. However, an attorney can challenge the administration of the admonition that you can lose your license from the DMV for one year, if not properly given, for example, by subpoenaing body cam video, if applicable.
You have the right to legal representation – The decisions you make early in the process will impact your case. Seeking an attorney immediately can help you avoid mistakes that could hurt your defense.
What to Expect After a DUI Arrest
A DUI charge typically follows these steps:
Arrest & Booking – If arrested, you will be taken into custody, booked, and possibly held until bail is set.
DMV License Suspension – You have only 10 days from your arrest to request a hearing to contest your driver’s license suspension.
Court Proceedings – Your attorney will obtain all the evidence and challenge the prosecution through negotiation, motions or jury trial.
Possible Penalties – Consequences may include jail time, ankle monitor, work project, fines, license suspension, DUI school, and/or probation.
The Right DUI Attorney Can Make a Difference:
At Amber Bellante Law, we have extensive experience defending DUI cases. We help clients by:
✔ Challenging breathalyzer and blood test results if they were improperly administered.
✔ Examining police procedures to identify errors that could result in case dismissal.
✔ Fighting license suspensions so you can maintain your ability to drive.
Your future is too important to leave in the hands of just any attorney. If you or a loved one is facing a DUI charge, contact us today for a free consultation.