Arrested for DUI: What You Need to Know

DUI Classifications in California Law

California law defines driving under the influence offenses under several distinct categories, each with specific legal implications.

• Standard DUI (Vehicle Code § 23152)
• Aggravated DUI (Vehicle Code § 23578)
• DUI with Prior Offenses (Vehicle Code § 23580)
• DUI with License Suspension (Vehicle Code § 14905)
• DUI Causing Injury (Vehicle Code § 23153)
• Enhanced Penalties for Refusal to Test (Vehicle Code § 23577)
• Excessive Speeding and Reckless Driving During DUI (Vehicle Code § 23582)
• Underage DUI (Vehicle Code § 23502)
• Multiple DUI Offenses (Vehicle Code § 23552)

Understanding your rights during a DUI arrest is crucial:

1. Right to Remain Silent: You’re not obligated to answer questions that might incriminate you. Politely inform the officer that you wish to remain silent.
2. Right to Legal Representation: After being arrested, you can request to contact an attorney before answering further questions or participating in further tests.
3. Right to a Chemical Test: If you are arrested for a DUI, under California’s implied consent law, you are required to submit to a breath or blood test. Refusing can result in more severe penalties, including a longer license suspension.
4. Right to a DMV Hearing: If you are arrested for DUI and your BAC is above the legal limit, or if you refuse a chemical test, the arresting agency will issue an order to suspend your driver’s license. You have a limited time to request a hearing with the DMV to challenge this suspension.
5. Protection from Unlawful Searches: Without your consent, a warrant, or probable cause, officers cannot search your vehicle. If they do, any evidence obtained may be deemed inadmissible in court.
6. Right to Due Process: You are entitled to a fair trial and to challenge the evidence against you.

Immediate Steps After a DUI Arrest

Being arrested can be an overwhelming experience, especially for a DUI charge. Here’s what you should do immediately following a DUI arrest:

1. Stay Calm and Compliant: Respond politely to law enforcement. Making a scene or becoming combative can only make your situation worse.
2. Know Your Rights: While you should provide your name and basic identification details, you are not obligated to answer questions about where you were, what you drank, or any other details about your evening without a lawyer present.
3. Avoid Self-Incrimination: Politely decline to perform field sobriety tests or answer any questions that might incriminate you. You may also decline a preliminary alcohol screening test unless you are under 21 or on probation for a previous DUI.
4. Document the Details: As soon as you are able, write down everything you remember about the arrest – from what you had to drink to how the officer behaved. These details can be invaluable for your defense.
5. Secure Legal Representation: Before any formal questioning or hearings, consult with a criminal defense attorney experienced in DUI cases. An attorney can provide guidance, ensure your rights are upheld, and offer the best possible defense strategy.