Experiencing a DUI arrest can be daunting, especially for those unfamiliar with the criminal justice system. DUI charges involve both criminal courts and the DMV, adding to the complexity. Below is essential information to help you understand what to expect after a DUI arrest. For personalized legal advice, contact Law Office of Michael L. Fell at (949) 585-9055 for a free consultation.
Getting Your Car Out of Impound
If you’ve been arrested for a basic DUI, retrieving your car is relatively straightforward. You will need to:
- Pay the storage and release fees
- Provide proof of insurance
- Show proof of vehicle ownership
However, if the police are investigating you for additional charges such as drug possession, possession of stolen property, or hit and run, your vehicle may be held as evidence, complicating the release process.
Status of Your Driver’s License
Contrary to popular belief, your driver’s license is not immediately suspended following a DUI arrest. Here’s what you need to know:
- Your driving privileges remain valid for 30 days, even if the police take your physical license.
- Upon release from jail, you’ll receive a pink temporary license, valid for 30 days and notifying you to request a DMV hearing within 10 days.
- Requesting a DMV hearing delays the administrative suspension until the hearing’s outcome, keeping your license valid until then.
Requesting a DMV Hearing
To ensure your driving privileges remain intact, promptly request a DMV hearing within ten days of your arrest. This hearing is crucial in determining whether your license will be suspended.
Accessing Your Arrest Report
You will not receive a copy of your arrest report before your first court date, known as the arraignment. Typically:
- Your attorney can obtain the police report and some evidence before the court appearance through the DMV hearing process.
- Neither you nor your attorney can get a copy of the arrest report by simply filing a request with the police department.
- If an accident was involved, the collision report might be available, but it will only contain details of the accident, not the arrest.
Preparing for the Arraignment
At the arraignment, your attorney will gain access to the evidence against you, including:
- Chemical test results
- The indictment
- The police report
What to Expect at Your First Court Date
The arraignment, your first court date, is a procedural step in the DUI process. Here’s what happens:
- For a misdemeanor DUI arrest, bail is typically not required.
- You will enter a plea of guilty or not guilty.
- Your attorney will then access all evidence against you.
Importance of Pleading Not Guilty Initially
It is generally advisable to plead not guilty at the arraignment. At this stage, your attorney will not yet have reviewed all the evidence. Pleading not guilty allows time to examine the evidence and build a robust defense. Expect multiple pretrial court dates over several months.
Legal Representation Matters
Navigating the DUI process without expert legal representation can be challenging. A knowledgeable attorney from Law Office of Michael L. Fell can guide you through the complexities of both the criminal and DMV proceedings, ensuring your rights are protected. Contact Law Office of Michael L. Fell today at (949) 585-9055 to schedule your free consultation.