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- 1). Request a DMV hearing within 10 days of the arrest. A DMV hearing does not deal with sentencing, but rather with the suspension of your license. Your license will not be suspended while you wait for your DMV hearing. If you win the case, you will retain your driving privileges until the court makes a decision regarding the DUI charge.
- 2). Consult with a DUI defense attorney and explain the details of your case. Many law offices offer free consultations for individuals with a DUI charge. Speak with a licensed and experienced attorney with a track record of disproving DUI charges.
- 3). Define the details of the event. Make note of what your blood alcohol content was, how you were driving and what you said to the arresting officer. Focus on detailed facts such as your speed and if you were staying in your lane and following traffic rules. These details help your attorney poke holes in the officer's reasons for pulling you over in the first place.
- 4). Ask your attorney if you should plead not guilty. An admission of guilt is often a guarantee of penalty. In California, individuals charged with a DUI are presumed innocent. The prosecutor must convince a 12-member jury that there is no reasonable doubt of your conviction. One not-guilty vote will have the case dismissed.
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