While no one expects to be stopped and charged with drunk driving, it is one of the most common criminal infractions cited in Napa and Sonoma Counties. Below, the Napa DUI law firm provides you with information you need so that you know what to do when you or someone you love is arrested for drunk driving.
Finding Someone after the DUI Arrest
When a loved one is arrested for driving-under-the-influence (DUI), oftentimes one does not know what to do or even where to call? After being arrested for DUI, the driver is generally taken to a police station in the jurisdiction where the arrest occurred and then moved to a county jail after processing. If you are unsure what police jurisdiction your loved one was in at the time of his or her arrest, click here, this site offers information on individuals who are in police custody. If you are unable to utilize the above link, you should start by checking with local police agencies to locate your loved one. You want to ask for the watch commander and then be prepared to provide him or her with your loved one's full name and date of birth. Once your loved one is located, you might want to consider contacting a knowledgeable Napa DUI attorney to help you arrange for bail for your loved one.
One of the most important things that you should do if you are arrested for drunk driving, is to remain silent. Keeping silent, however, does not mean that you should not provide the arresting officer with your name, address, driver's license, etc. While you may want to “explain” to the arresting officer what you were doing, generally it is not a good idea to say much of anything. The less you say, the less evidence the police have to prove your intoxication. While some drivers may have to tolerate verbal and sometimes even physical abuse during the DUI arrest process, it is important that they stay calm and do not say anything. What the arresting police officer does during this time can sometimes help an experienced Napa DUI lawyer obtain an acquittal or get evidence thrown out. Also during this time, it is important that you take mental notes of what exactly occurs and what the police say to you, all of which you should convey to your Napa DUI lawyer.
Getting Released from Custody
Following a DUI arrest, some individuals are released on their own recognizance (OR) with the written promise that they will appear in court. Many DUI offenders, however, are not released from police custody until they have posted bail. Bail is a sum of money that is posted as security to help ensure that the offender will appear in court. Throughout the state of California, there are presumptive (set) bail amounts that are already in place for each county. Following one's arrest if not released OR, he or she is then brought into court for a bail hearing. The judge then sets the bail amount and may or may not issue other conditions that will need to be met by the DUI suspect. Following this hearing, the bail will need to be paid in order for the DUI suspect to be released. You will need to locate a bail agent who will provide the court with a bond to ensure the DUI suspect's appearance in court. Bail agents typically require an upfront down payment of at least 10% of the amount of bail set. Our Napa DUI attorneys have relationships with various bail agents and are often able to obtain bail services quickly and at a discounted rate. Thus, you should contact our Napa DUI law firm prior to contacting the bail agent in order to take advantage of any discounts.
Scheduling the DMV Administrative Hearing
Following one's release from police custody, it is important that the Department of Motor Vehicles (DMV) is contacted to arrange for an Administrative hearing. At the time of drunk-driving arrest, the police officer should have confiscated the DUI suspect's driver's license and issued him or her a written notice advising to contact the DMV. This notice also serves as a temporary license. You have only ten (10) days in which to schedule this hearing. Failure to do so will result in the automatic suspension of one's driving privileges following 30 days from the date of the arrest. Once the hearing request is made, the DUI suspect can continue to drive until it occurs, which generally is a few months away. At the hearing, it will be determined whether or not the DUI suspect will be allowed to keep his or her license, or have driving privileges suspended or revoked altogether. It is crucial that at this time you have a skilled Napa DUI lawyer appear with you at the hearing. A skilled Napa DUI lawyer can often help you keep your driver's license or arrange for temporary or limited driving privileges.
Hiring a Napa DUI Attorney
Getting arrested for a DUI in Napa can be very traumatic. During this difficult time, an experienced Napa DUI lawyer can help. As a Napa DUI law firm with years of experience, we are able to provide our clients with the advice, guidance, and legal skills they need to effectively fight their DUI charges. We help to protect the rights of our clients and are often able to uncover evidence to get charges dropped altogether. We offer Napa DUI case reviews. Contact us today!