Being arrested for DUI can be a confusing and frightening time.  You need to take the right steps immediately to ensure you have the defense you need to protect yourself and your family from DUI charges.   These first steps can be vital to the final outcome of your trial.

Taking a Chemical Test

A chemical test is required by most states and is punishable under the law if it is refused.  The chemical test results in a variety of data, but most importantly it shows the current blood alcohol level of the person being tested. Using this information, the level of alcohol in the blood at the time of arrest can be extrapolated.  In the state of California, a person being tested for alcohol can choose between a Blood and a Breath test.

Posting Bail  

After being arrested for DUI, it may be necessary to post bail.  Although most individuals are released without bail, some cases do require the aid of a bail bondsman.  Bail bondmen require an upfront fee, and once that fee is paid, they will post bail for you. This can be expensive, but it is less expensive than paying the entire bail amount to the court.  Bail bondsmen guarantee that you will be at your hearings. If you do not appear, the bondsman will most likely come looking for you.

Requesting a DMV Hearing

After the time of your arrest, you have a limited number of days (normally ten, including weekends and holidays), to make a formal request for a DMV hearing.  Your DMV hearing will determine whether or not you can keep your license.  If you or your attorney fails to request a DMV hearing, your license WILL be suspended automatically.

Blood Alcohol Concentration

The term "Blood-alcohol concentration (BAC)" refers to the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are routinely used in court as evidence in DUI cases. A Breath test is the most common method of measure, however blood testing is also used. A BAC reading of .08 or higher may establish a presumption of intoxication.

California has an implied consent law. By the act of driving, it is implied that the driver has consented to alcohol testing. Furthermore, a person who drives a motor vehicle is considered to have given their consent to chemical testing, whether of blood or breath, for the purpose of determining their blood alcoholic content, at the time of lawful arrest for DUI.  

Note: Refusing to take a breath test is a criminal violation subject to stiff penalties. Refusing a breath test may result in automatic drivers license suspension or revocation.  If ultimately found guilty of a DUI, refusing this test could lead to additional penalties, over and above the DUI charges.


These articles are for informational purposes only!

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