Being arrested or cited on suspicion of DUI can leave you uncertain about what happens next, especially when you do not know how the case may affect your license, employment, or criminal record. Many people facing this situation have never dealt with the criminal justice system before, so the uncertainty alone can feel overwhelming.
From the initial questions you may be asked to the discussion of possible next steps, here is what to anticipate during a DUI defense lawyer consultation.
Reviewing the Circumstances of Your Arrest
During the consultation, the attorney may identify potential legal or factual issues that warrant further investigation. The attorney will want to know why the officer initiated contact, whether field sobriety tests were requested and, if so, how they were administered. The attorney may also ask whether breath or blood testing occurred and how the testing process was handled.
California applies different BAC limits depending on the driver and the type of vehicle involved. In addition, a person may face DUI charges based on impairment even when the reported BAC is below the applicable per se limit. Drivers operating commercial motor vehicles and drivers under 21 are subject to lower BAC limits, and the specific circumstances of the testing can affect the strength of the evidence.
Understanding the Two Separate Proceedings
An alcohol-related DUI arrest can create two separate proceedings: a criminal case in court and an administrative case before the California DMV. The procedures may differ in a drug-only DUI case. The criminal case moves through court and addresses potential penalties like fines or probation, while the DMV process is an administrative matter concerning your driving privileges.
These proceedings generally move independently, and a deadline in one proceeding is not paused by activity in the other.
- The short deadline—generally 10 days after receiving an Order of Suspension or Revocation—to request a DMV administrative hearing. Missing the deadline may prevent you from obtaining a hearing before the suspension takes effect.
- How the DMV hearing differs procedurally from a court appearance
- What outcomes are possible in each process
- Why promptly addressing both proceedings may help protect your interests
Discussing Possible Legal and Factual Issues
Once the attorney understands the basic facts, the conversation may shift toward legal or factual issues that require further investigation. Depending on the available information, this may include examining whether the traffic stop was lawful, whether chemical testing procedures were followed, whether the equipment was properly maintained, and whether mistakes occurred during the investigation or arrest.
California law authorizes jail time for a first DUI conviction, although the actual outcome and availability of alternatives depend on the circumstances, the county, and the resolution of the case. A lawyer should give you a realistic picture so you can make informed decisions about how to proceed.
Schedule Your DUI Defense Lawyer Consultation with Shnider Law Firm
After a DUI arrest, it’s easy to feel unsure about what happens next or whether you’re making the right decisions. Consulting with a DUI defense lawyer gives you the chance to understand the next steps, including the separate DMV process and the deadlines that can affect your driving privileges.
At Shnider Law Firm, we offer free, confidential consultations for people facing DUI charges in San Jose and the greater Bay Area. Contact our team to schedule an appointment and get guidance tailored to your situation.
FAQs
How long does a DUI consultation usually take?
Initial consultations often run between 30 minutes and an hour, depending on the firm and the complexity of your case. This gives the attorney enough time to review your situation and outline potential next steps.
Do I need to bring anything to my consultation?
Bring your citation, temporary license or DMV suspension notice, court paperwork, release documents, and any other records connected to the arrest. It may also help to prepare notes describing what happened while the events are still fresh in your mind. If you do not have every document, the attorney can generally begin with the information available.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Every DUI case is unique. Consult a qualified DUI defense attorney to discuss your specific situation.
About the Author: Aaron Shnider
