Implied Consent Law in California DUI Cases
Since driving in California is considered a privilege and not a right, there is an implied consent law that you agree to when you receive your California driver's license.
Specifically, you agree to consent to a blood or breath test if the police ever suspect you of being under the influence of drugs or alcohol (California Vehicle Code 23152) and determine that you cannot safely operate a motor vehicle.
If you refuse to consent, then you will be held as a DUI refusal and will lose your driving privileges for one year. In addition, it will automatically presume that you are DUI.
You must take the breathalyzer test at the station in LA County. However, you can also choose a blood test, in which case you would be taken to a hospital or a police station equipped to administer a blood test.
If it's determined that you are a refusal in LA County, you will lose your driver's license for one year and will not be able to get a restricted license for that one-year period. That's a horrible outcome because even if you had consented to the test and were over 0.08, you would have been able to get your license back within 30 days. So, it's very costly to refuse these tests due to suspending one year of driver's licenses.
When the police let you go in Los Angeles County, they will typically give you a citation that lists the time and location of your court date. If you are still looking for this information on your citation, an attorney should be able to help you do so.
If you are forced to post bail, the bail bond company will give you a half-slip listing the time and location of your court date. If you are not given that paperwork (which occasionally happens), you should contact the arresting agency or an attorney.
When you are arrested for a DUI, you will be given a temporary driver's license in English and Spanish. You have ten days to contact the DMV. If you do not contact the DMV within those ten days, your license will be automatically suspended.
It may be helpful to ask for the help of an attorney who can deal with the DMV and set up the hearing for you or ask for a stay on any suspension until you get the hearing. You must take these steps within ten days of receiving your temporary license. After 40 days, your temporary license will expire, and your suspension will begin.
Meeting with Your Lawyer
The initial meeting is crucial because that's when you give your attorney all your information and discuss how you want your case handled. After the first meeting, you can meet with your attorney as often as you want or as often as you and your attorney deem appropriate. You want to ensure that you understand everything going on and have the best strategy together.
The second meeting with your attorney is the most important because that is when the attorney will have all of the paperwork (police reports, test results, etc.) related to your case. Once all that information has been collected, you can have a meaningful conversation with your attorney regarding what the prosecution has against you and whether you want to fight or negotiate the case.
