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Arrested for dui. Completed blood test. Officer checked box stating I refused blood test and never confiscated my driv license
Anonymous4 views7 answers
Basically that is the jist of it. I still have a few days to request a dmv hearing. No accident and 1st dui. What's next? I don't want to lose my license but I'm really nervous going into this hearing.
Being arrested for a DUI in California can be completely humiliating. After you actually process the fact that you were arrested and are now facing criminal charges, you need to focus on what to do in order to protect your rights.
The first thing to do is hire an attorney immediately. You only have 10 days from the date you were arrested to schedule your DMV hearing (as stated on the pink form the officer gave you). If you immediately hire an attorney, she/he can schedule your DMV hearing within the 10 day time period, and fight or delay your license suspension. If you do not hire an attorney, you can still schedule your DMV hearing by contacting your local DMV Driver Safety Office.
I recommend you talk to a local lawyer.
Good luck.
Reserve a DMV Hearing yourself, or hire an attorney who will not only represent you and defend you, but will take care of reserving the DMV Hearing. In refusal cases, it is very important to fight the alleged refusal based on an inadequate admonition or whatever the facts allow. I would hire an attorney for this.
What's next? Pain....
You need to pick up the phone and make some calls and retain an experienced DUI Attorney. That's what's next. A DUI with an alleged refusal is not a DIY project like building a bird house at Home Depot on Saturday morning.
It's your first (and last) DUI. It's won't be the end of the world if you face the problem head on. If you don't deal with the DMV you will lose your license. This may happen regardless, but you should consider giving yourself a fighting chance. At the very least you should call an attorney or two to get your options.
YOU NEED TO RESERVE A HEARING DATE IN A TIMELY FASHION WITH THE DMV ASAP. YOU CAN THEN RAISE ISSUES EXPLAINING WHY IT IS NOT A REFUSAL SITUATION. WHEN IS YOUR ARRAIGNMENT IN COURT?
The best way to calm your nerves is to hire an attorney. The DMV hearing will adjudicate your ability to legally drive - a necessity to operate in many parts of this state. The DMV can easily make things take a long time - I had client whose license got confiscated for a year before he hired me to get it back - they're response to my nudging them was to set a hearing to suspend the license, however we were able to win at the hearing by arguing that the license had already been suspended by the year long confiscation. Good luck.