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What to do if the police erroneously charge you with a DUI

Jun 21, 2024 | DUI

Being mistakenly charged with a DUI can be a frightening and stressful experience. In California, it’s crucial to understand your rights and the steps you should take to protect yourself if you believe the DUI arrest was erroneous.

Stay calm and comply

During the DUI arrest, stay calm and comply with the police officer’s instructions. Resisting arrest or acting aggressively can worsen your situation and result in additional criminal charges. 

Remember, you have the right to remain silent and not answer any questions without an attorney present.

Document everything

As soon as possible, start documenting everything you remember about the incident. Write down details such as the time and location of the arrest, the officer’s behavior, and any tests performed.

If there were any witnesses, collect their contact information and their statements as well. 

Challenge the evidence

Your attorney will help you challenge the evidence against you. This might include questioning the accuracy of field sobriety tests, breath test results, or the validity of the traffic stop itself. 

Officers must follow strict procedures, and any deviation from these can be used to contest the charges.

Attend all court hearings

It is essential to attend all scheduled court hearings and comply with any court orders. Missing a court date can result in additional charges and complicate your case. Your presence shows the court that you are taking the charges seriously and are committed to resolving the matter.

Understanding the legal process and having the right support can significantly affect the outcome of your case.