Getting arrested for driving under the influence can be scary. In this video, DUI Lawyer Joshua Kaizuka explains what happens after a DUI arrest. To learn more about the DUI process in Sacramento, visit: [ Ссылка ] To learn more about what happens during a DUI arrest, visit [ Ссылка ]
To learn more about what happens when you go to court after being charged with a DUI, visit [ Ссылка ]
Transcript
We just talked about the arrest. You got the court date. If it's an alcohol related DUI the police officer probably took your license and handed you a pink temporary DMV license. On that it will say something about you need to call them within 10 days. That's very important. The reason that's important is first of all it keeps your ability to drive beyond the 30 days that the form itself says. The other reason is this will be the time that gives you an opportunity to look for an attorney that can help you out. You'll want to find somebody that's got a lot of experience dealing with DUIs and has the specialized training on looking at whether the officer conducted the field sobriety test correctly or not, whether the breath machine was working properly if you used the breath test, and also to take a look at the blood if it was a blood test.
Most people, especially first-time offenders who have never been through the criminal process, don't know what to do next. The reason the DMV hearing is important is not only for your driver's license, but also an experienced DUI attorney can get a hearing set with DMV. We kind of know who the hearing officers are in Sacramento, or whatever county you're in and also know which DMV hearing officers might be a little bit better with certain legal issues that they're looking for, because DMV is only looking at 3 things. Were you the driver? If you were driving, was your blood alcohol .08 or higher? Then if those things are true, whether the arrest was lawful.
If you're not a lawyer experienced in representing clients in DUIs, how would you know whether an arrest was lawful or not? Attorneys will go out and issue subpoenas to the arresting agency. A lot of police cars now have video cameras and if the officer says that you were swerving or weaving or there was some sort of bad driving that video should capture that bad driving. If it's not there, there may be an issue as to whether you were lawfully stopped.
The other thing that we can typically subpoena to the law enforcement agency is calibration records and maintenance records of the devices that were used. For example, there may be a rising blood defense and the preliminary alcohol screening device test that you did, maybe you blew a .08. Later on on the chemical test, whether it's blood or breath, showed something that was maybe a .10, which is of course above the .08. On a rising blood defense, if the preliminary alcohol screening device was malfunctioning, reading high, and the reading should have been lower, you might have a great defense on whether or not your license should be administratively suspended by DMV because at the time of driving your blood alcohol was not .08 or higher.
Not only that, but getting this discovery through the DMV process is typically faster in some counties than going to court, and by the time your attorney gets to court you're going to know everything there is to know about your case perhaps a lot better than the DA in court.
Connect with us:
Law Office of Joshua Kaizuka
2530 J St #320
Sacramento, CA 95816
(916) 706-0678
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