Besides kicking yourself mentally for the next 6 months for getting a DUI, BE THANKFUL that there wasn’t an accident involving an injury or death – that’s a whole other ball game. If the accident caused injury or a fatality, you could be facing felony charges.
And instead of feeling sorry for yourself, take action. Think of it like first aid for a wound – stop the bleeding, clear the airway, then begin to heal – because a DUI charge can impact your freedom, your family, your job, your immigration status, your driver’s license, your insurance rates and your criminal record. Take it seriously.
Here’s the part most people don’t realize: there are real, concrete steps you can take to improve the outcome of a DUI case after an arrest. In many situations, these actions can reduce fines, minimize penalties, or even help you obtain a more favorable plea bargain, which may include lesser penalties or possibly a lesser charge. If you are a Veteran or on active duty, you mat be eligible for a special diversion program which results in dismissal upon successful completion.
Let’s break down what can actually help.
1. Hire an Experienced DUI Attorney – Immediately
This is not the time to roll the dice with a general practice lawyer or “your cousin who does real estate law.” Early legal intervention often makes the biggest difference in the outcome. A DUI attorney knows:
- What to look for to challenge the traffic stop, detention, field testing, breath and blood testing
- What needs to be done NOW to help get a better resolution (see below)
- How to negotiate reductions in sentencing and charges and handle your DMV licensing suspension hearing
- Screen for military diversion eligibility for active duty military members and veterans. (This can result in a dismissal with successful completion of the Military Diversion Program.)
2. Request the DMV Hearing Within the Deadline
In California, you have only 10 days from the arrest to request a DMV hearing. A lawyer can request the hearing for you, but don’t assume it happens automatically. Miss that deadline, and your license can be automatically suspended in 30 days – regardless of what happens in court.
3. Start a Voluntary Alcohol Program Before Being Ordered
Nothing impresses prosecutors and judges like someone who takes action involving alcohol and DUI education before being Court ordered. You’re taking steps to address any concerns and committed to preventing future incidents. Judges love initiative, and prosecutors often consider it a sign of genuine responsibility. Voluntary actions can include:
- Enrolling in a DUI school (which will be required by Court and DMV later)
- Attending AA meetings (even if you’re not an alcoholic because it shows initiative and responsibility)
- Completing a Victim Impact Panel online by Mothers Against Drunk Driving (MADD) or other provider (which will be required by Court later)
- Providing a job resume with achievements and background
4. Gather Positive Character Evidence
Background and character information can influence plea negotiations. Helpful evidence may include:
- Resume with letters of reference
- Certificates, military service info, community involvement, and other accomplishments
5. Other Mitigating Hardship Factors
Your attorney can present information showing how you would suffer a greater impact from penalties or a conviction in your case. This could include job loss, medical issues, immigration status, or other hardship issues.
Final Thoughts
A DUI charge is is serious – but not hopeless. Even if there is no defense, with the right steps, the impact can often be reduced significantly. Prosecutors are far more willing to negotiate with someone who shows accountability, initiative, and a plan to prevent future issues.
At Christoph Law Offices, Attorneys Nicholas and William Christoph provide the highest level of personal professional DUI Defense representation.
San Diego Magazine “Top Lawyers”, over 150 FIVE STAR Reviews, former USMC Captain, over 5000 DUI cases from Oceanside, Carlsbad, Vista, San Marcos, Escondido, Fallbrook, Valley Center, Encinitas, Cardiff, and Camp Pendleton.
