A routine traffic stop can easily result in the arrest of any driver with the odor of alcohol on their breath. Due to the incredibly zealous prosecution of DUI offenses in Orange County and the conservative nature of its population, many people believe that this set of events inevitably ends in the arrested individual losing their privilege to drive and being found guilty of a crime. An Orange County DUI arrests attorney of The Law Offices of Todd Landgren adamantly urge anyone arrested for DUI not to blindly accept defeat and to enlist the legal aid of the best DUI defense team available. We CAN and Will make a difference.
The Law Offices of Todd Landgren is a highly experienced DUI defense firm and understands the unique set of circumstances that arise from a DUI arrest. Exploring every possible defense strategy, thoroughly investigating the available evidence, and knowing the most recent developments of law and local enforcement are necessary foundational components of the effective DUI defense and are actively employed employed by our attorneys.
What to Do During a DUI Stop and Arrest
From the moment a driver first contacts police, he can have a positive impact on the outcome of the encounter. Specifically the manner in which drivers behave when detained by police can create a need for police to investigate further and contribute significantly to the prosecution’s case against the driver. To avoid unnecessarily inculpating yourself:
- Do not attempt to evade law enforcement in any way. This can result in additional charges and make a person look guilty, even when he or she isn’t breaking the law.
- Be very polite, courteous, and respectful of law enforcement officers.
- If driving, provide your driver’s license, proof of insurance, and registration upon request.
- Politely decline to answer any questions whatsoever. Answers given can be used by the prosecution against the defendant later on in the process.
- Politely decline to participate in field sobriety tests; drivers are under no obligation to submit to these tests.
- Politely decline to provide a voluntary chemical test.
- If arrested, you are required to submit to a breath or blood test. Refusing to take a test after being arrested for DUI can result in suspension of your driver’s license and an enhancement in court.
What to Expect After an Arrest for DUI
Upon arrest, law enforcement officers are required to surrender (confiscate) the driver’s license card, if the driver’s blood alcohol level is suspected to be ≥0.08%, and issue the driver a temporary license known as a DS-367. The temporary driver’s licence is valid for 30 days, but the individual’s driving privilege is automatically set to be suspended if he fails to request a hearing, or retain a lawyer to do so on his behalf, within 10 days of his arrest. This is because the for DS-367 also serves as legal notice of the pending action to suspend the driver’s license. The temporary driver’s license is not restricted in any way. The only difference in the temporary license and the seized driver’s license is the type of material on which it is printed.
Hire an Orange County DUI Arrests Attorney
Those arrested for first offense DUI are routinely released from jail on their written promise to appear in court, others are held in custody or released on bail. An Orange County DUI arrests attorney of The Law Offices of Todd Landgren is able to appear in court on behalf of most defendants without the presence of the defendant, saving their clients the burden of attending most court hearings in person.
The DMV hearing on the driver’s license suspension often takes place before the first court date. After the hearing is completed, the DMV hearing officer mails a written decision to the driver, usually within ten business days. The decision either ends the petition to suspend and returns the driver’s plastic license card, or suspends the driver’s privilege. Some cases proceed to appeal after the initial decision.
The first court date serves as an opportunity for the defendant’s lawyer to obtain the evidence on which prosecutors have based charges, and exactly what offense(s) have been alleged. The court case is usually continued for a second hearing in which the defendant’s lawyer can discuss the matter with prosecutors and attempt to negotiate a plea bargain to settle the case without adversarial hearings. If the defense and prosecution cannot agree to settle the case, it proceeds toward jury trial. The road to jury trial can be long and costly, so an Orange County DUI arrests attorney always attempts to work out the most favorable plea bargain possible in each case at the earliest possible point in the litigation process.