5 Things to Do When You Get Accused of a DUI in Bakersfield CA

Getting accused of a DUI in Bakersfield CA can be a very stressful experience and there are several consequences that can end up costing you money and your reputation. If you are convicted of a DUI, it can have serious consequences on your background and career, and it may make it more difficult for you to find work. A DUI can stay on your permanent record, but if you hire a DUI attorney in Bakersfield, as soon as possible after being accused of one, your chances of getting the charges dropped are much higher.

1.) When you are pulled over, don’t talk to the police

You are considered “detained” when you are pulled over, and although the police may not have read your Miranda rights they will often ask incriminating questions. You can invoke your Fifth Amendment right to remain silent, and you should. You are only required to provide your license and insurance. Also, any field sobriety tests are optional even though the officers will not let you know that. Politely decline the field sobriety tests and tell the officers that they are not required by California state law.

2.) Make your social media accounts private

Anything that is published online can be used against you in a court of law. If there is an evidence that suggests that you may have been drinking on the night that you were accused of a DUI, it can be collected by the police. Even before you call an attorney you should make your profiles private or remove the accounts altogether. At this point you will need to be more focused on your case, and social media accounts will only end up being a potential hazard for you as you try to beat your charges.

3.) Read all of your paperwork and seek legal counsel

Two things are triggered after a dui arrest.  One is the criminal process with the court, and the second one is with the DMV.  The only thing the DMV can do to you is take away your driver’s license.  In California if you have a valid driver’s license when you are arrested, no matter how intoxicated you are, or how many prior DUI’s you may have, you leave the arrest with a valid (temporary) driver’s license.  Most of the time the arresting officer takes away your hard copy of your driver’s license and gives you a temporary “pink colored” driver’s license.  This license is only valid for 30 days.   If you do nothing it will automatically expire 30 days after the arrest.  However, the DMV gives you the opportunity to fight the DMV suspension and if you win at the DMV your license may never be suspended.   On that temporary driver’s license there is a notice to you that you have ONLY 10 DAYS to call the DMV and to tell them something to the effect of, “I want to fight the DMV suspension”.  The DMV rules regarding the 10 day time period to call are very firm.  If you fail to call within the first 10 days, it is next to impossible for anyone to stop the automatic suspension.  If you call within the 10 days, then that temporary license remains valid until you actually have your DMV hearing and only if you lose the DMV hearing.  The DMV will most likely give you a hearing date about five or six weeks out from the time you call.  I would suggest you call the DMV as soon as possible, even if you have not yet found an attorney to help you.  It is a simple phone call, and if you later find an attorney to assist you that attorney can easily jump in and take over your case with the DMV and hopefully give you a decent chance at nor losing your driving privilege.

4.) Get witnesses

If you can find anyone who is willing to testify on your behalf in court, it can swing the odds in your favor that you beat your charges.   Anyone that was with you at the time of the stop and arrest are most helpful.  We have also gotten great information from tow-truck drivers, or even the nurses that helped administer the blood test.  Find acquaintances, friends, family members and anyone who saw you before during or after you were stopped and ask them if they would testify for you in court. Your attorney can gather statements from witnesses, and one good witness can help you avoid a guilty charge.

5.) Don’t stress out about it

Stressing out can make your case that much more difficult to get through, and it can cause unneeded stress on your family and friends. Do everything that you can based on the recommendations of your attorney, but continue on with your life and stay in good communication with your attorney. Stay positive and trust the experience of your attorney to get you through your case.

Mark Anthony Raimondo is an experienced DUI attorney in Bakersfield who can advise you on your DUI case and help you beat your charges. If you have been accused of a DUI you need an experienced and skilled attorney, contact Mark Anthony Raimondo today for a free consultation.