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What to do when you are Arrested at a Checkpoint DUI

Posted on Jan 19th, 2023 by Super User 1057 Views

When you face DUI arrest charges in California, it's a severe matter that could result in harsh penalties, including imprisonment. A DUI conviction record will also harm your career, as most employers will shy away from hiring you.

After your DUI arrest, you should remain silent, post bail, and consult a qualified attorney. After your DUI arrest, especially when you are a repeat offender, kindly do not hesitate to contact Justice Bail Bonds so we can post your bail. Posting bail ensures you can concentrate on your family and your case.

If you were not driving under the influence or believe you were not impaired at the time of your arrest, let the arresting official know. After this, comply with the police requests and take the necessary tests. These tests include blood, breath, or urine to show the level of alcohol in your bloodstream. Refusing to comply with the arresting officer's request could land you more trouble. You may lose your driving rights and face harsh penalties.

Once the police arrest you for a DUI offense, you should do the following:

Remain Calm

After your arrest, you must remain calm. Knowing the penalties for a DUI conviction, the temptation to negotiate with the arresting officer is very likely. However, this will be detrimental in your case as the prosecution could use anything you say or do against you later. Typically, most people tend to talk while they are under a lot of stress, which could also hold in your situation.

Remaining calm should be a priority after your arrest, as it will help you avoid talking too much and reveal something to the arresting officer. You should also avoid apologizing, as the prosecution could view it as your way of admitting guilt. Additionally, never try to explain the situation to the arresting police. If you have any explanation, do it with your defense attorney.

Avoid Talking with Law Enforcement Officers

You realize that once the arresting officer decides to arrest you for a DUI offense, nothing you can say or do will help change their mind. Additionally, nothing you can say or do will sway the prosecution from filing DUI charges against you after your arrest. Therefore, you should avoid talking to law enforcement officers about your innocence.

After your arrest, talking to the police is futile as they will not believe you. In most cases, they will think you are not honest and that you are trying to avoid an arrest. To have any chance at proving your innocence, you should post bail and secure your freedom as you await your trial. Once you are free, consult with your defense attorney, who will advise you on how to proceed with your defense.

Write All The Details Down

When it comes to DUI cases, details play a crucial role. Therefore, write down all the details about your DUI stop, including everything you can remember. Write down information about any passenger in your car, and include witness details. This information should include their name and contact details. You realize that this is a crucial step as facts tend to fade as time goes by. Something that could play a vital role in your defense can be lost when you fail to remember it later.

While writing down details about your DUI case, include details of how you spent your time before and after your arrest. Include details of where you were before your DUI checkpoint incident and where you were heading.

Also, you should include information regarding the DUI checkpoint. These DUI details should show the exact place where the police stopped you. The law makes it mandatory for the police to have reasonable suspicion that you violated California Vehicle Code to pull you over. Law enforcement agents should also have reasonable doubt that you were driving under the influence to pull you over.

A documented account of what transpired before your arrest will assist your defense. If the police ask you to take any tests, describe them in your report, and remember to keep your records private, sharing them with only your defense attorney.

Here are some guidelines to assist you while writing down what took place between the time the police pulled you over and the time of your release:

  • Try to recall what you told the police.
  • Try to recall how you encountered the police at the DUI checkpoint.
  • Remember and note the reason the police had for pulling you over.
  • Remember if the police asked you to step out of your car.
  • After stepping out of your car, did you undertake any sobriety tests?
  • If you took any sobriety tests, which test did you take?
  • Did you make any statement at the time of your arrest?

Contact the California Department of Motor Vehicle (DMV)

In California, the law makes it mandatory to contact the DMV after your DUI arrest before even facing your criminal charges. You must request the DMV for your hearing within ten days after the arrest. The DMV will automatically suspend your license if you fail to request a hearing within ten days. Therefore, contacting the DMV and requesting a hearing is crucial, as this will ensure you retain your driving privileges.

Once you have set up a hearing with the DMV, the department will let you retain your driving privilege as you await your hearing, which could take up to three months. After your arrest, the police will give you a 30-day temporary license, and you should call the DMV using the number on this license. Ensure you reach the right office to set up your hearing, as not all offices can schedule or set up your hearing.

However, if you fail to set up a hearing with the DMV within ten days, the department will automatically suspend your license after the expiration of the 30-day temporary license.

Additionally, you will face criminal charges when the prosecution files a DUI case against you after receiving the arresting officer's report. You should note that this may take time as the law requires the prosecution to file charges against you within one year of your arrest.

Change Your Online Profile to Private

Social media can make your case harder by providing evidence that the prosecution could use against you. For example, if you have posted incriminating pictures on your social media handles at the time of your arrest, the prosecution could use them against you. After your arrest, the prosecution will search the internet for anything that will add weight to the case against you.

If you have any incriminating posts, the prosecution could use them out of context, damaging your reputation and swaying the jury against you. When you change your account settings to private, you minimize the risk of prosecution using your social handles against you by accessing your online information.

Arrange For Your Transportation From The Police Custody

After your arrest, you may have to stay at the police station until you post bail or until you are sober. You will therefore need someone to pick you up and drive you home since the DMV will suspend your license. Arranging for your transportation will help you feel better, as this is one aspect of your life you will be in control of while everything else seems to unravel.

Find Potential Witnesses

You realize that the police will most likely arrest you for a DUI offense after coming from a friend's place, bar, or restaurant. This means that you were likely in the company of other people before your arrest. After your release, list the places you were at and the people you interacted with before your arrest. These witnesses could help in your case, as they can verify that you were not drunk when you were together or if you took a drink, but it was not enough to impair you.

Gather Supporting Evidence

Apart from potential witnesses, gathering supporting and collaborative evidence would be best to help build your DUI defense. For example, if you were with friends at a local bar, you could obtain a copy of the bill, proving that you did not take any alcoholic drink before driving. This will help establish that you were not intoxicated before the police pulled you over.

Additionally, you can request the restaurant for a copy of their security camera footage to show the court that you were not drunk when you left the establishment. Once you have gathered all the information and evidence, kindly share it with your attorney. Your attorney will determine whether the proof will be relevant to your case.

Request A Copy of The Police Report

Please request a copy of the police report, as it will contain the evidence against you. You can then use this information while building your defense strategy. A police report usually includes the following information:

  • A list of the sobriety test you took.
  • A printout of your breathalyzer test.
  • A report on your lab result.
  • The arresting officer's statement about your driving skills while under the influence.

Please go through the report and compare it with your written account of the events leading to your arrest. For example, if the arresting officer says you failed your sobriety tests where they asked you to walk in a straight line, while in the real sense, they never carried that test, you can use such a discrepancy to ensure the court dismisses the report.

Engage the Services of An Experienced DUI Lawyer

After your DUI arrest, you must engage the services of an experienced attorney—someone to guide you and answer all the questions that you might have. The best part is that most DUI attorneys offer the first consultation for free. Check out the reviews on their website and decide on one that ticks all your boxes.

After hiring an attorney, listen to their advice, and follow what they request you to do. You realize that once you engage an attorney, they will work hard to ensure you obtain the best possible outcome in your DUI case.

 Remember Your Court Date

After your arrest, the arresting officer will take you to jail, and you will be free after sobering up or posting bail. Once you are free, the police will give you the notice to appear in court for your hearing. This notice will have the date and details concerning your hearing. Ensure to attend this hearing, as failure could land you in more trouble.

Prepare For Your Court Hearing

After your DUI arrest, hiring an experienced DUI attorney is crucial to help you fight the charges. A DUI conviction will have far-reaching effects on your life that an experienced lawyer could help you fight. These effects include having to pay high insurance premiums, loss of employment opportunities, and driving privileges.

Your DUI defense attorney will advise on how to plead during your arraignment. For example, the court will issue your sentence if you make a guilty plea. On the other hand, if you plead not guilty, your defense lawyer will have an opportunity to defend you.

Avoid Being Involved In Other Court Cases

Negotiating with the prosecution will be much more challenging when you pick up new cases before resolving your DUI case. If the police arrest you for another offense, the prosecution could use it to ensure you obtain a maximum sentence.

Complete Your Probation

After your DUI conviction, the judge may put you on probation instead of serving jail time. Some of the terms of your probation may include attending an alcohol-based education program. Ensure you complete an educational program that the DMV approves and obtain certification.

Installation Of An Ignition Interlock Device in Your Car (IID)

After your arrest and conviction for a DUI offense, you can install an IID in your vehicle. This device will ensure you never have to face another DUI charge, as it will prevent your car from moving when you have been drinking. An IID is a breathalyzer that will ensure your vehicle does not start after you are intoxicating. In most cases, you will not have an option regarding the installation of IID as it will be under your probation terms.

Do Not Refuse To Take Tests

You can refuse to take a breathalyzer test in California before your DUI arrest. However, you will lose this right after your arrest. Failing to take these tests will lead to harsh penalties.

Exercise Patience

One thing to note when facing a DUI case is that it can take the court up to one year to resolve it. Your defense attorney will have to check the evidence against you and review it. After reviewing the evidence against you, your defense attorney may make motions to suppress the evidence. This may take time before your case can proceed to trial, and you will need patience.

Let your attorney prepare the best defense possible, even if it will take time. Then you will know that your chances of obtaining the best possible outcome in your case are higher. Hiring an attorney with a proven track record for solving DUI cases in California is crucial.

Prepare For A Different Lifestyle

A DUI conviction will negatively affect your lifestyle. It may make searching for employment challenging, as most employers may be uncomfortable hiring someone with a DUI conviction record. Besides the employment challenge, your insurance providers may increase your premiums by up to 80%. A DUI conviction will make your life challenging, and you should try to avoid driving while under the influence.

What To Expect During A DMV Hearing

It's important to note that a DMV hearing can take place over the phone, and you can choose to accept it or have your attorney represent you personally. A DMV officer will aim to have you answer these questions:

  • The hearing officer will want to know if your arrest was legal.
  • If the arresting officer had a sufficient belief that you were driving under the influence of alcohol or drugs when they asked you to pull over.
  • The level of alcohol in your bloodstream is indicated after taking tests.

It is during this hearing that you can question the arresting officer's report and be able to present your evidence. Show the court that your arrest was not legal or that the arresting officer did not have reasonable suspicion that you were impaired at the time of your arrest. You may be able to retain your driving privileges.

However, if you are intoxicated during your arrest, the DMV will suspend your driving privileges for a first-time DUI offense for four months. You should note that your suspension could last up to three years if you have a history of a DUI conviction on your record.

Contact A Trustworthy Bondsman Near Me

After your DUI arrest, you should consider contacting a trustworthy bondsman. Engaging the services of a bail bond agent to post your bail will give you much-needed peace of mind. After your release, work with your defense attorney to develop a defense strategy to see the court dismiss your charges.

The court may let you off on your own recognize (OR) for a first-time DUI offense, where you do not have to post bail. But if you are a repeat DUI offender, you must post bail. At Justice Bail Bonds, our topmost priority is your freedom. Our agents are efficient and will ensure you are accessible for free within the shortest time possible. Contact us at 951-445-4155 if you have been arrested in Temecula and seeking a bail bond.

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For faster service please call 951-445-4155 24 hours a day, seven days a week if you or a loved one has been arrested and need to be bailed out quickly and confidentially or if you simply have questions regarding bail, an arrest, or inmate information please do not hesitate to call or fill out our contact us form. We are available 24/7 for all of your bail needs. 

For faster service please call 951-445-4155 24 hours a day, seven days a week if you or a loved one has been arrested and need to be bailed out quickly and confidentially or if you simply have questions regarding bail, an arrest, or inmate information please do not hesitate to call or fill out our contact us form. We are available 24/7 for all of your bail needs.