dui dos & don'ts
preserving your innocence

1.Don't discuss your arrest, impaired driving charges, or any details surrounding your case with any person other than an attorney. There are several pertinent reasons you should continue to remain silent even after release from custody. Hopefully, you exercised your right to remain silent while in custody, but if not, begin now. Better late than never.

• a. any statements or admissions you make, even after you've been released from custody, can be used against you. You never know who the prosecution might call as a witness. Or worse, you might unwittingly provide an ex-spouse or vengeful person with damaging information they use to contact the District Attorney and play "informant".
• b.well meaning acquaintances are likely to mislead or confuse you with dui case myths and inaccurate information. Only a DUI specialized attorney is qualified to make legal recommendations. Don't make the mistake of acting on hearsay or misleading advice.

2.Remember that you are innocent until proven guilty. Just because you have been arrested on suspicion of impaired driving does not constitute a conviction. The prosecution bears the burden of proof, and there are numerous potetial defense strategies to DUI charges. Depending on the nature of your case and the specific criteria leading up to and resulting in your arrest, an experienced attorney can determine the weaknesses and potential strategies applicable to your particual case. A skilled DUI lawyer with extensive Jury Trial experience can often successfully motion to suppress evidence for lack of probable cause, refute the validity of test results based on improper procedure or adequate equipment maintenance, apply a rising blood alcohol or chemical content defense, etc. Don't throw in the towel and concede defeat. DUI and DUID cases are hghly intricate and subject to evidential unreliability. If your case proceeds to Jury Trial, all twelve members of the Jury must unanimously agree "beyond a reasonable doubt" that you are 100% guilty in order to effect a conviction.

3.Hire a DUI specialized attorney as soon as possible. You have only ten days to request a DMV "admin per se" hearing to contest the automatic suspension of your drivers license. This is an additional and separate hearing from your criminal court hearings. In Californa, DUI is often referred to as "double jeopardy" because an impaired driving arrest spurs two separate cases you must challenge; one with the Department of Motor Vehicles regarding your driving privileges and another in the criminal justice system. The DMV allows only ten days (including weekends and holidays) from the date you are released from custody to request a hearing to retain your drivers license. This DMV hearing, unlike your criminal court hearings, is not automatically scheduled for you. You must request a date and time for the administrative licensing review, and you have only ten days to make the request. If you have hired an attorney before the ten day deadline, he or she will schedule this hearing on your behalf.

4. As soon as possible, write down everything you can remember regarding the traffic stop, the events leading up to the stop, the police officers actions and statements, your admissions, statements, questions, behavior, etc. and all other details including the method of testing, whether the officer offered you a choice between a blood test and a breath test, whether the officer stated he or she smelled alcohol, their given reason for pulling you over, conversations the officer may have had with other law enforcement or lab personnel, potential witnesses on your behalf, etc. Maintain a journal and make entries whenever you remember something new, jot it down. Keep the log in a safe place and share the details with your DUI attorney. The more informed your lawyer is regarding the details of your traffic stop, police interaction, and chemical testing, the likelier he or she will detect any deviation from proper procedure, if applicable.

5. Resist the urge to apply an "ignore' technique in hopes the problem / DUI case will just go away on its own. It won't. In fact the longer you delay constructive action toward your defense and evaluation of your options, the worse the problem will become. You must act as soon as possible so your DUI attorney can take advantage of the DMV's Administrative hearing on your pending driver's license suspension.

6.Do not miss the ten day deadline. Even if you do not necessarily NEED or qualify for restoration of your driving privileges, the DMV Hearing is essential, as the arresting officer must provide proof that:

• a.the officer had probable cause to make the traffic stop.



• b.can the officer substantiate he or she had probable cause to suspect you driving under the influence (or drugs, alcohol, or a combination of intoxicating substances)?



• c. you were placed under lawful arrest; the testimony and paperwork presented to the DMV officials in support of the officer's decision to arrest you provides an insightful and useful opportunity for your lawyer to evaluate the officer, detect possible defenses as they relate to probable cause, lack of proof of impairment, police officer error, etc., and also provide a lens as to how convincing or speculative this officer's testimony will impact a Jury. Either way, the admin per se hearing can serve as mini-discovery process. You, or your attorney have the right to question and cross-examine the officer and related documents at the licensing hearing. Use this information to your advantage while fighting to retain your driving privileges.



• d.were you actually driving the vehicle in question? if so, were you operating the vehicle at a specific period when you were legally impaired by alcohol and/or drugs?

7. Attend all scheduled DMV and court hearings on time and properly attired. Dress professionally and conservatively. Obviously, refrain from chewing gum, tobacco, or using any handheld devices. Be sure to turn all personal electronic equipment to "off" or "silent" settings before entering the courtroom. The San Diego courthouse does not allow hats or sunglasses to be worn inside the court room. Also, persuade any witnesses, family members, or supportive friends to also dress professionally and keep a low profile. Refrain from boisterous or animated behavior in and around all courthouse property. Show respect to the court and follow the directions given to you by your attorney. Most importantly, stay calm and do not react to the prosecutor's inflated allegations.

8. Most importantly, don't blow off your chance to proactively manage your case, arrange for a favorable outcome, make the most of your right to the DMV hearing, examine the evidence (or lack of) in your DUI case, and keep fight your case. If not, a criminal record will follow you for ten years, at least, and cause professional / career implications, insurance hikes, transportation problems, credit problems, and more.

Our law office handles DUI, and DUI only. We are one of only a handful of exclusive DUI defense firms who are 100% committed to protecting the rights and freedom of persons charged with this complex and often dubious offense. We offer discrete and professional services with most accomplished, experienced, and up to date DUI defense skills in the county.