What to Do If You’re Arrested for DUI or Drug Charges in Los Angeles

Being arrested for DUI or drug charges in Los Angeles can be overwhelming and frightening. The decisions you make in the first 48 hours after your arrest can significantly impact the outcome of your case. As experienced DUI attorneys and drug crime lawyers serving Los Angeles County, we’ve compiled this comprehensive guide to help you understand your rights and next steps.

Immediate Steps After a DUI Arrest

Don’t Panic – Stay Calm and Cooperative

When pulled over for DUI in Los Angeles, remember that everything you say and do will be documented. While you should be polite and cooperative with law enforcement, you have important constitutional rights that you should exercise.

Exercise Your Right to Remain Silent

After providing basic identification information, politely inform the officer that you wish to exercise your right to remain silent. Common mistakes include:

• Admitting to drinking alcohol
• Explaining where you’ve been
• Discussing your evening activities
• Volunteering information about medications

Request a DUI Attorney Immediately

The moment you’re arrested, ask to speak with a DUI lawyer. In California, you have the right to contact an attorney before submitting to chemical testing, though refusing tests carries automatic license suspension penalties.

Understand California’s Implied Consent Law

When you drive in California, you automatically consent to chemical testing if arrested for DUI. However, you can choose between:

• Breath test (breathalyzer)
• Blood test
• Urine test (rarely used)

Each test has advantages and disadvantages that an experienced DUI attorney can explain.

Types of DUI Charges in California

First-Time DUI

First DUI charges in California carry penalties including:

• Up to 6 months in jail
• Fines ranging from $390 to $1,000
• License suspension for 4 months
• DUI school attendance
• Possible ignition interlock device

Second DUI

Second DUI within 10 years results in enhanced penalties:

• 96 hours to 1 year in jail
• Fines up to $1,000
• 2-year license suspension
• 18-30 month DUI program
• Mandatory ignition interlock device

Felony DUI

Felony DUI charges occur when:

• Fourth DUI within 10 years
• DUI causing injury or death
• DUI with prior felony DUI conviction

Felony DUI carries potential state prison time and permanent criminal record consequences.

DUI with Drugs

DUI drugs charges apply to:

• Prescription medications
• Over-the-counter drugs
• Illegal narcotics
• Marijuana (even with medical recommendation)

Unlike alcohol DUI, there’s no specific “legal limit” for drugs, making these cases more complex to prosecute and defend.

Common Drug Charges in Los Angeles

Simple Possession

Drug possession charges under Health and Safety Code 11350 involve:

• Cocaine
• Heroin
• Methamphetamine
• Prescription drugs without prescription
• Other controlled substances

Thanks to Proposition 47, many possession charges are now misdemeanors rather than felonies.

Possession for Sale

Drug trafficking and possession for sale charges are serious felonies based on factors like:

• Large quantities of drugs
• Packaging materials
• Scales or measuring devices
• Large amounts of cash
• Multiple cell phones

Drug Manufacturing

Drug manufacturing charges involve:

• Operating illegal laboratories
• Growing marijuana (over legal limits)
• Manufacturing methamphetamine
• Producing other controlled substances

These charges often involve federal agencies and carry severe penalties.

Prescription Drug Crimes

Prescription drug fraud includes:

• Doctor shopping
• Forged prescriptions
• Pharmacy theft
• Selling prescription medications

These white-collar drug crimes require specialized defense strategies.

Building Your Defense Strategy

DUI Defense Tactics

Experienced DUI lawyers challenge cases through:

Constitutional Violations:

• Illegal traffic stops
• Improper field sobriety tests
• Violations of Miranda rights
• Unlawful searches

Scientific Challenges:

• Breathalyzer calibration issues
• Blood sample contamination
• Chain of custody problems
• Medical conditions affecting BAC

Procedural Defenses:

• Police report inconsistencies
• Video evidence contradictions
• Witness testimony problems
• Title 17 violations

Drug Crime Defense Strategies

Drug crime attorneys defend cases by:

Fourth Amendment Violations:

• Illegal searches and seizures
• Lack of probable cause
• Invalid search warrants
• Consent issues

Constructive Possession Challenges:

• Proving lack of knowledge
• Questioning control over drugs
• Multiple occupant scenarios
• Temporary possession defenses

Entrapment Defenses:

• Police misconduct
• Overzealous undercover operations
• Inducement to commit crimes
• Lack of predisposition

California Drug Court Programs

Proposition 36 (PC 1210)

Prop 36 allows first and second-time non-violent drug offenders to receive treatment instead of jail time. Benefits include:

• Residential or outpatient treatment
• Drug education programs
• Case dismissal upon completion
• No jail time for eligible defendants

Drug Court

Drug court programs offer intensive supervision combined with:

• Regular drug testing
• Mandatory counseling
• Job training assistance
• Educational opportunities
• Judicial monitoring

Successful completion results in dismissed charges and avoided conviction.

Deferred Entry of Judgment (PC 1000)

PC 1000 allows eligible first-time drug offenders to:

• Avoid conviction
• Complete education programs
• Have charges dismissed
• Maintain clean criminal record

The DMV Hearing Process for DUI

Administrative Per Se (APS) Hearing

When arrested for DUI, you face two separate proceedings:

1. Criminal court case for DUI charges
2. DMV administrative hearing for license suspension

You have only 10 days from arrest to request a DMV hearing, or your license will be automatically suspended.

DMV Hearing Defense

DUI attorneys can represent you at DMV hearings to challenge:

• The legality of the traffic stop
• Probable cause for arrest
• Accuracy of chemical tests
• Proper administration of tests

Winning the DMV hearing means keeping your driving privileges, even if convicted in criminal court.

Penalties and Consequences

DUI Penalties

DUI convictions result in:

Immediate Consequences:

• Jail time
• Heavy fines
• License suspension
• Vehicle impoundment

Long-term Effects:

• Increased insurance rates
• Employment difficulties
• Professional license issues
• Immigration consequences

Drug Crime Penalties

Drug convictions can cause:

Criminal Penalties:

• Jail or prison time
• Substantial fines
• Probation terms
• Asset forfeiture

Collateral Consequences:

• Loss of federal benefits
• Housing restrictions
• Employment barriers
• Educational loan ineligibility

Choosing the Right Attorney

Experience Matters

Look for attorneys with:

• DUI specialization
• Drug crime expertise
• Local court knowledge
• Scientific training
• Trial experience

Former Prosecutor Advantage

Former prosecutors understand:

• How cases are built
• Prosecution weaknesses
• Negotiation strategies
• Plea bargain leverage

Track Record of Success

Evaluate attorneys based on:

• Case dismissal rates
• Reduced charge negotiations
• Trial victories
• Client testimonials
• Professional recognition

Free Consultation Available

If you’re facing DUI charges or drug crimes in Los Angeles, don’t wait to seek legal help. Early intervention by experienced criminal defense attorneys can significantly improve your case outcome.

Our team of former prosecutors and DUI specialists offers:

• Free consultations
• 24/7 availability
• Payment plans
• Aggressive defense strategies

Call today to protect your rights and freedom.

Remember: Every case is unique, and past results don’t guarantee future outcomes. This information is for educational purposes only and doesn’t constitute legal advice.