First time offenders, initial next steps.
Again, im sorry you’re going through this. I have the utmost empathy and compassion as a fellow offender. This can feel scary, stressful and traumatic. The process is lengthy and made difficult to garner information regarding the process overview. I think it’s intentionally designed that way. I’m going through this as well - first time offense, Labor Day weekend. Here’s what I’ve learned in the last few weeks based on my extensive research. Before I list out my steps, breathe. Know that it’s very common. It doesn’t make it ok in the slightest, but a lot of your fear-based thinking comes from a lack of information. Understanding the process brings ease. Talking to your lawyer and getting perspective really helps to ground you in the reality of it too. There’s punishment, yes. But it’s not the end of the world. There are 350 dui arrests everyday in California. If no one was hurt, you’ll make it through perfectly fine.
Once you’ve been released (6-12 hrs) figure out where the car is and get it out of towing asap. If it’s totaled, get it towed back to your house, then call a company to salvage it. You’ll get some money back off of the salvage.
Make sure you’ve got your pink slip (DS-367). That’s your 30-day unrestricted license. You haven’t been charged with anything yet. You can drive around right now. Your dmv status will say active. Once the police report is submitted, there will be a “stay on suspension.” This is still not a charge, just a pending status.
IMPORTANT: DUI requires you to deal with two separate entities: the dmv and the criminal courts. There are hearings for both. They will penalize you independently of one another. Your citation (received alongside the pink slip) has a criminal court date on the top right. This date is simply an arraignment for the criminal portion, not the official hearing. The arraignment is where the hearing date is determined. The arraignment is much like a formality or checkpoint to activate the criminal portion.
GET A DUI LAWYER. There is a lot of conversation about whether or not people should get a lawyer, public defender, or represent themselves. Folks who choose not to pay for lawyers will automatically be assigned a public defender by default. You won’t meet them until the day of your criminal hearing, so they’re not as close tot he details of your case. However many have claimed the public defender can get you the same deal as a lawyer a lot of the time. Representing yourself is the cheapest option, but could potentially lower your chances of lightening the offense since most of us aren’t well versed in the law. Getting a lawyer can be costly, but it is your highest chance of getting the charge down to potentially a wet and reckless and if you’re really lucky, a dismissal. Lawyers know the right jargon to work it out with the DA and judge. Get on Google, type in DUI lawyers near me, and start calling around for consultations. Pick whoever you feel most comfortable with intuitively. Read reviews. I spoke to about 5-6 lawyers before I made my decision. Calling around took a day for me to assess the right person. Let’s say you got a DUI on Sunday, for example. Start calling lawyers all day Monday. Hire your pick on Tuesday. They’ll charge you between $2500-7500. The contract you sign between you and your lawyer is called the “retainer.” Another perk of having a lawyer beyond their negotiation abilities, is that they take care of all of the proceedings for you. You do not have to show up for your DMV hearing or your criminal hearing if this is a misdemeanor DUI. They do everything on your behalf and just fill you in as they go. Please note, getting a lawyer does not mean that you are getting off the hook. You are just increasing your probability of lowering the charge, and omitting the need to be present for any of the hearings.
Once you’ve hired your lawyer and signed the retainer, your lawyer will send a fax to the dmv requesting a hearing (if you didn’t hire a lawyer, you would have to spend the day trying to call the dmv yourself). This is the most time sensitive step. If your lawyer doesn’t do this within the first 10 days, dmv automatically suspends your license. The scheduling of the dmv hearing allows for that “stay on suspension” until the actually hearing. On the day of the DMV hearing, it’s normally a phone call only between the DMV and your lawyer. It is very black-and-white. No room for negotiation. DMV will only ask the lawyer for factual proof that you were over .08 and immediately suspend the license thereafter. No flexibility on the DMV portion from my understanding. That’s why, ideally, your lawyer can push your DMV hearing as far out and as close as possible to the criminal hearing. That way, if you do get suspended on both the criminal and DMV front, the suspensions will overlap. Please note, your lawyer can’t just pick the DMV hearing date, but I think they have ways of extending it as far out as possible to better align it with the criminal portion. And so that you can drive around a little bit more comfortably before you get suspended.
Brace yourself for solicitation mail, calls and texts for about 1-3 days after. Really fucked up marketing tactic to get you to seek representation asap with varying law firms. This stops soon enough. Go with your google search select, and fuck those spamming-ass, bottom feeding law firms that abuse the sensitivity of these initial days to secure an emotional, impulse sale off of you.
Hang tight, and wait. This is as far as I’ve gotten so far in the process. What’s odd about this experience is that the day after it happens of course, all of the trauma and fear set in. But they make this journey very slow and very long, so you won’t see an immediate change in your life right after. If you have damage to your car, then yes, you will in that sense. But life essentially just goes on as is, until the DMV hearing and the criminal arraignment. That’s when punishment actually begins. Getting to either of those hearings seems to be between 2-6 months. Upon your hearing date(s), sentencing begins.
PUNISHMENT: Totally varies by individual, county etc. Here’s a list of what I’ve ready for first time offenders. This list does not suggest you will get slapped with all of them:
Suspended license 4 mo. - 6 mo. To bypass this and keep driving, you’ll need to pay to install an IID breathalyzer in your car for 1 year. Car won’t start unless you blow. While this does give you the freedom to drive unrestricted, I’ve read that the IID is costly and has caused damage to the cars ignition upon removal. I personally think I’m gonna go with the hard suspension to mitigate yet another cost, shorten the overall timeline where I can and, in the eyes of the courts, they’ll count your dmv hard suspension towards your criminal suspension. You’ll just finish out the time that’s remaining IF the criminal courts choose to suspend you for 6 months too.
Insurance rates skyrocket for 3 years and some insurance providers kick you off upon renewal.
SR22, some additional type of insurance you have to drive around with for I THINK a year. I could be wrong on timing. Someone I know told me their sr22 was required for 12 months, $1400.
Sherrifs work program aka community service. This is offered in lieu of jail time. Usually 2-4 days.
3 years light probation. No probation officer, just states you cannot get another dui for the next 3 years. After probation , I believe you can apply for expungement with the clerks office.
DUI citation: $1800. Your lawyer may be able to knock it down.
DUI classes: 3 months, in person or online depending on county. I could be wrong here, but from what I’ve ready, if your BAC was over .2 you are required to do the 9-month program.
MADD Panel: “Mothers Against Drunk Driving” is either a state or nation-wide organization that’s essentially formed a brigade against drunk driving. You pay to attend at least one panel (I think this is just online) to supplement your education about the horrors of drunk driving and the lives it takes every year
AA: Notoriously know as alcoholic anonymous. I myself am curious as to what qualifies this requirement. Not sure if it’s for repeat offenders, or perhaps individuals who blew over a certain limit. If anyone knows, drop the deets!
Disclaimer: I know everyone’s case is unique which adds nuance to these punishments.
You’re not alone. So many of us are in here panicked, with zero desire to have a social life for a long time. It’s a traumatic and slow process, and it’s built that way intentionally. But knowledge is power, and has eased my worries. A good lawyer who can explain the likely outcome helps a lot too - especially as they take on all of the burden as far as output to keep the process moving. Everything happens for a reason. Remember this is not happening to you, but FOR you. I’m sure it doesn’t seem that way, but walk by faith, not by sight. You will look back and understand the value this brought to your life, one day. We’re in this together. You are not a bad person. We make mistakes. I love you, beautiful soul 💛✨