The first think you need to do is make sure you understand both deadlines that initially apply to your case. Many DUI charges are actually two separate cases, and when a deadline is missed in either case it can have a drastic effect on your case, your driver’s license, and even your liberty.
So what are the two cases?
The first, and the only one most people think about, is the criminal case pending in court. The criminal case is where you are determined to be “guilty” or “not-guilty” of DUI.
The second is the civil case pending before the DMV’s administrative hearing office. Many cases have this second component, it will apply in your case if you either refused a breath, blood, or urine test, or if you provided a breath sample in excess of 0.15. The administrative case is what determines if your driver’s license is to remain suspended related to the testing procedure.
You need to immediately calendar the initial deadlines in both cases. If you are late, even by just one day, it can result in you losing your driver’s license, or even a bench warrant being issued for your arrest. The initial deadline for the criminal case is usually written on your ticket (and can be as soon as just a week and half after your arrest). The administrative deadline will be thirty days after the date of your arrest.
After you make sure you understand both dates, your next step should be to hire a lawyer for your case. When someone hires us for their case the first thing we are going to do is to make sure that everything that needs to be done to protect our client’s rights for both cases is done. In fact, we usually have an employee hand-file the necessary documents the same or the following business day after we are hired to make sure that nothing is missed.