The transition from a celebratory New Year’s Eve in Los Angeles to the flashing red and blue lights of a patrol car is a jarring, life-altering experience. One moment you are ringing in the new year with friends in West Hollywood or Century City; the next, you are being asked to step out of your vehicle and perform field sobriety tests on the side of a busy boulevard.
In Los Angeles, the period between Christmas and New Year’s Day sees some of the most intensive DUI enforcement in the nation. Checkpoints and saturation patrols are everywhere. If you found yourself caught in this net, you are likely feeling a mix of fear, shame, and overwhelming uncertainty.
At the Law Offices of Christopher Chaney, we believe that one mistake should not define your future. As a firm focused on aggressive, client-centered defense, we understand that the days following a holiday arrest are the most critical. Here is a comprehensive guide to what you can expect in the aftermath of a Los Angeles DUI arrest and why you must act immediately to protect your rights.
1. The Immediate Aftermath: Booking and the Soaring Reality
After the handcuffs are clicked into place, you are typically transported to a local station, perhaps the Van Nuys jail, the Hollywood station, or the Metropolitan Detention Center.
- The Booking Process: You will be photographed (mugshot), fingerprinted, and your personal property will be inventoried. Typically, in California, for a standard first-time DUI without injuries, you are often released on your "own recognizance" (O.R.) once you have sobered up, usually several hours later. However, you will leave the station with a stack of paperwork that determines your next six months.
- The Pink Paper: Among these documents is a pink slip of paper (Form DS-367). This is your Temporary Driver’s License. Pay close attention: the police likely confiscated your plastic California ID. This pink paper is the only thing allowing you to drive, but it has a very short fuse.
2. Breath and Blood Tests: The Science of the State
In California, under the Implied Consent law, by driving a motor vehicle, you have already consented to chemical testing if you are lawfully arrested for a DUI.
- Breath Tests: Most roadside preliminary alcohol screening (PAS) tests are voluntary unless you are under 21 or on DUI probation. However, the post-arrest breathalyzer at the station is mandatory.
- Blood Tests: If the officer suspects drug use (DUI Drugs) or if a breathalyzer is unavailable, they will request a blood draw.
Why this matters for your defense: Prosecutors treat these numbers as gospel, but criminal defense attorney Christopher Chaney knows they are prone to error. Was the machine calibrated? Was the Title 17 observation period followed? Did the blood sample sit in a hot car before being tested? We scrutinize the forensic integrity of these tests to find the cracks in the prosecution's case.
3. The 10-Day Countdown: The DMV Administrative Hearing
This is the most common mistake Los Angeles drivers make: assuming the court date on their ticket is their first deadline. It isn't.
From the moment of your arrest, you have exactly ten (10) calendar days to contact the California DMV to request an Administrative Per Se (APS) hearing. If you fail to do this, your license will be automatically suspended 30 days after your arrest.
When you hire our firm, we handle this for you. We contact the DMV, request the hearing, and stay the suspension. This allows you to keep driving while we build your defense. The DMV hearing is not about whether you are a "good person"; it focuses strictly on three things:
- Did the officer have reasonable suspicion to stop you?
- Was the arrest lawful?
- Was your BAC actually 0.08% or higher at the time of driving?
Winning at the DMV is difficult, but it is a vital opportunity for us to cross-examine the arresting officer and preview the evidence the State plans to use against you in criminal court.
Similar Post: Can a First-Time DUI in Los Angeles Still Lead to Jail Time?
4. The Criminal Court Track vs. The DMV Track
It is important to understand that in California, a DUI is a "two-headed monster." You are facing two entirely separate entities:
- The DMV: They only care about your privilege to drive.
- The Superior Court: They care about fines, probation, jail time, and your criminal record.
Just because the DMV suspends your license doesn't mean you are guilty in court. Conversely, even if the prosecutor drops the charges, the DMV might still try to take your license. You need an attorney who can navigate both systems simultaneously.
5. What to Expect at Your Arraignment
Your first court appearance is the Arraignment. This usually happens weeks or months after New Year’s Eve. At this stage, the prosecutor (the L.A. District Attorney or City Attorney) will formally present the charges.
As your defense counsel, Christopher Chaney often attends this hearing on your behalf for misdemeanor cases, meaning you may not even have to step foot in the courtroom or take time off work. We enter a Not Guilty plea, which triggers the discovery phase, where we demand every piece of evidence the police have, including body-cam footage, dash-cam video, and maintenance logs for the breathalyzer.
6. Strategic Defense: Beyond the Breathalyzer Results
Many people believe that if they blew over a .08, they have no choice but to plead guilty. This is simply not true.
At the Law Offices of Christopher Chaney, we look at the totalities of the circumstances.
- The Stop: Did the officer have a valid legal reason to pull you over, or was it based on a hunch?
- The Field Sobriety Tests (FSTs): Were you nervous? Were you wearing heels? Is the ground uneven? FSTs are highly subjective and often designed for failure.
- Rising Blood Alcohol: Your BAC at the station is not necessarily your BAC while you were behind the wheel. If you drank right before driving, your alcohol levels might have been rising and were actually below the legal limit when you were stopped.
7. Why Local Experience in Los Angeles Matters
The L.A. court system is massive. The way a DUI is handled in the Metropolitan Court on Hill Street can differ significantly from how it is handled in Van Nuys or Airport Court.
The Law Offices of Christopher Chaney understands the nuances of local prosecutors. We leverage our reputation for aggressive representation to negotiate for wet reckless charges, diversion programs, or outright dismissals. We don't just treat you as a case number; we treat your legal matter as if it were our own.
Similar Post: The Long-Term Effects of a DUI Conviction on Your Record
Your Future Starts with a Phone Call
New Year’s Eve should be a time for new beginnings, not the beginning of the end of your career or your freedom. A DUI conviction in California carries long-term consequences, including spiked insurance rates, professional licensing issues, and a permanent criminal record.
Regardless of your circumstances, you are not alone in this fight. The Law Offices of Christopher Chaney are ready to stand by your side. We offer free consultations and remote appointments to accommodate your schedule during this stressful time.
Do not wait for the 10-day DMV clock to run out. Contact our offices today at 818-330-5198. We represent clients throughout California, including Los Angeles County, Orange County and Ventura County. Let us provide the sophisticated, meticulous defense you need to get back on your feet and move forward into the new year with confidence.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
