Steps to Take If You are Arrested for a Felony DUI
October 22, 2024In a recent five-year period, there were over 9,000 total DUI arrests in Santa Barbara County. Being charged with a DUI is a serious offense in the Golden State, subject to jail time, steep fines, license revocation, and having to attend an alcohol treatment program.
Under California law, if you have four DUI convictions in a ten-year period, if you were previously convicted of a felony DUI in the past ten years, or if there were any injuries or fatalities because of your intoxication, you will likely be charged with a felony DUI.
No matter your circumstances, obtaining effective representation from a Santa Barbara DUI lawyer is key to achieving the best outcome when facing felony DUI charges.
Know Your Rights
Police officers are allowed to pull you over if they have reasonable suspicion that you are under the influence of drugs or alcohol. Reasonable suspicion would involve signs of impairment, including swerving, straddling lanes, or erratic braking.
Alternatively, law enforcement is allowed to pull you over as part of a sobriety checkpoint inspection. Under California Vehicle Code 2814.2(a) VC, a driver must stop and submit to a sobriety checkpoint inspection when required by law enforcement.
While an officer is allowed to detain you for a short period without probable cause, there are certain rules that law enforcement must follow (such as systematically conducting stops). If you believe that you were discriminated against at a sobriety checkpoint, you may be able to take legal recourse.
Record the Details of Your Traffic Stop
If a police officer determines that you are under the influence, it is important that you note the reason given and the location of your stop. Do not panic—if a chemical test reveals that your BAC is over the legal limit, this does not automatically make you guilty of a DUI. There are many reasons for an elevated BAC, especially if it was measured through a breathalyzer.
Request a DMV Hearing
In California, you must contact the Department of Motor Vehicles (DMV) within ten days of your arrest to request an administrative per se (APS) hearing to determine if your driving privileges will be suspended.
Gather Evidence
Prior to your hearing, you will want to gather evidence that supports your case. This could include video surveillance or dashcam footage from another vehicle. If you were at a restaurant prior to your arrest, a copy of your bill can show whether or not you were overserved. If you were with friends or family before your DUI arrest, you may be able to call upon them to provide statements or to testify on your behalf.
Next Steps Following an Arrest
Following a felony DUI arrest, it is critical that you obtain counsel. If convicted, you may be sentenced to up to 16 years in prison, fined $5,000, and have your license revoked for four years (for a fourth DUI offense).
If you claim hardship, then you may be issued a restricted license. In this case, you will be limited to where you can drive. You will also be required to install an ignition interlock device (IID) to your vehicle, which will require you to blow into the device to start your car.
Once your sentence is served, you will have a criminal record, preventing you from securing suitable housing and profitable employment. Acting immediately after a DUI arrest will allow your attorney to begin building a winning defense, preventing a great deal of heartache.
Reach Out to a Santa Barbara DUI Lawyer Immediately
Getting DUI charges dropped, dismissed, or reduced requires an attorney who understands the ins and outs of California DUI laws. If you have been arrested or charged with a DUI, experienced counsel can make all the difference. To learn how our Santa Barbara DUI lawyers can assist you, contact us online or by phone. We offer free case evaluations.