Arrested For DUI? What You Should Know Right Now.

Being arrested can be the single most terrifying experience a person can go through. Spending time in a jail cell is traumatic to say the least. After release there are things you should and should not do, here they are:

For anyone arrested for DUI the days following the incident can be filled with stress, anxiety and worry.  Knowing what to do and what lies ahead can help alleviate that anxiety and putyou back in control of your future.  Here is some immediate information:u

1. Do not speak to any detective or investigator who may call you to get a follow up statement. It is common, particularly in domestic violence cases, for a detective to contact you to get “your side of the story”. Resist this at all costs. The purpose of this interview is not to vindicate you, rather they are instructed to get a full statement from you by the District Attorney in order to pin you down to a factual scenario that can later be brought up to impeach you in Court.

2. Do not try to contact the alleged victim to “work things out”. In many cases it is a crime to contact an alleged victim, particularly in domestic violence cases if there is a protective order issued. Hiring an attorney is the smarter approach, he can arrange to interview the individual and resolve the case if possible.

3. Do write down in detail the events while they are still fresh in your mind. Document any witnesses, take photographs of any injuries or other evidence that will dissipate over time. Keep this in a safe place and turn it over to your lawyer as soon as possible.

4. Retain a criminal defense attorney as soon as possible. There are certain defenses that require early planning and there are strategies that can be employed to ensure a more favorable resolution to your case. In many instances the case can be resolved by having your attorney reach out to the DA before the case gets into Court.

The bottom line is that there are things that you can and should do instead of burying your head in the sand and hoping the incident will go away.

How Long Does a DMV Departmental Review Appeal Take?

 Waiting for a response from the California Department of Motor Vehicles after requesting a departmental review of an Administrative Per Se (APS) hearing can test anyone's patience.

Expected Timeline for Departmental Review Results

In California, once a request for a departmental review is submitted following an adverse APS hearing decision, it typically takes anywhere from 10-60 days to receive the written findings from the DMV Administrative Review Branch in Sacramento. In periods of heavy administrative backlog, this turnaround time can extend up to 90 days.

What Happens During the Review Period

Unlike the initial APS hearing—which is conducted locally by a Driver Safety Hearing Officer—a departmental review is handled centrally at DMV headquarters.

 Record Examination: A review officer evaluates the complete record, including transcripts, exhibits, audio recordings, and legal briefs submitted by your defense counsel.

 Scope of Review: The branch strictly reviews the record for legal errors, abuse of discretion, or procedural defects in the hearing officer’s original ruling.

 No New Evidence: The review officer does not hold a new live hearing or take new testimony.

Driving Status While Awaiting the Decision

Filing for a departmental review does not automatically stop or stay the license suspension. Unless the DMV specifically grants a stay of suspension pending the review, your license suspension goes into effect on the date specified in your initial hearing decision notice.

Potential Outcomes of the Review

 Affirmed: The original suspension order is upheld.

 Reversed / Set Aside: The decision is overturned, and driving privileges are fully restored.

 Remanded: The case is sent back to the local Driver Safety Office for a reopened hearing to correct procedural errors.

If the departmental review upholds the suspension, the remaining option is to file a Writ of Administrative Mandate in the California Superior Court within the applicable statutory deadline.