Contra Costa County DUI Attorney

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Walnut Creek DUI Lawyer

Michael Rehm – (916) 233-7346

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Welcome to Walnut Creek DUI Lawyer Michael Rehm’s website. Attorney Rehm practices DUI Defense throughout Contra Costa County, including Walnut Creek, Concord, Martinez, Antioch, Pittsburg and Richmond, California. He is available for free, confidential consultations at (916) 233-7346.  After hours and weekend consultations are always available. The following are some of the common concerns and issues encountered after a driving under the influence arrest, whether it is for alcohol or marijuana:

 

  • What happened to my license? Normally, law enforcement will take the physical copy of your drivers license and provide you with a temporary driver license that is valid for 30 days from the date of the arrest. This is temporary license is normally on a pink piece of paper. As stated, this license and your drivers license will remain completely valid, with no restrictions, for the next 30 days. This is of course assuming that your license was not, and will not be, suspended for another reason aside from the DUI.
  • What happens after 30 days? It depends. If you read the fine print of the pink temporary drivers license you were provided, it explains that you also have ten days from the date you were served the temporary license to schedule a hearing with the California Department of Motor Vehicles. If you scheduled that hearing, your drivers license will remain valid, with no restrictions, until one of two things occur: (1) you are convicted in court of a DUI; or (2) you lose the DMV hearing you scheduled. Keep in mind the DMV just needs to be contacted within 10 days to schedule the hearing, the actual hearing does not occur until long after that point. If you were arrested in Contra Costa County of the DUI, in order to schedule the hearing, you need to call the DMV Driver Safety Office in Oakland, California to schedule the hearing. You can also fax them a request for the hearing. Their phone number is (510) 563-8900.   Their fax number is (510) 563-8950, but if you are sending a fax, it is recommended to follow up with a call. You cannot just go to the DMV and schedule the hearing; they will tell you to call. If you are going to hire a DUI Lawyer, the lawyer will do all of this for you. If not, or if you are not going to hire an attorney within the 10 days, make sure this step is accomplished. If you do not schedule the hearing within the 10 days, you will lose your license after the 30 days discussed above, assuming your chemical test came back at 0.08% or more, and you will then have to apply for a restricted license, assuming you are eligible for one.
  • How do I get the police report? The only way to get the police report prior to court is to schedule the DMV hearing, and whenever the DMV obtains the report from law enforcement, they will mail you, or your lawyer, the report. Legally, you are not entitled to request discovery until the first court date, but the DMV also must provide discovery if you schedule the hearing, so this can be a good way to obtain the report in advance of the court date, assuming the DMV obtains it prior to the court date which is very common. In the context of an accident, there can be times where you can obtain the accident report directly from law enforcement, but this does not always include information on the DUI, just the accident aspect of the incident.
  • The DMV Hearing has been set, what now? It will normally depend on if you have a lawyer, and on the severity if the charges. If you have a DUI Attorney, normally the attorneys job is to schedule the DMV hearing, obtain the evidence, and go to court for you to execute whatever the plan of attack may be, even if the plan of attack is simply damage control, where you want the lowest possible penalty and to move on with your life. Obtaining the evidence can be done through the court system or the DMV, but there can be times where the scene needs to be investigated, witness interviewed, etc. Many times, the DMV hearing will not actually occur while court is in process, so your license will generally remain valid while you are in court. Normally, assuming it is a first offense, your attorney will also attend court for you, but that can vary as well depending on the Judge. If there are any collateral consequences, like immigration issues or professional issues that could stem from the DUI, those need to be addressed as well, and can be relevant in court, especially during the plea-bargaining phase. If you are going to lose a professional license, job or face immigration consequences because of this, the prosecutor should know about that.  A lot goes on once the DMV hearing is set, but the important thing is to set the hearing first, then deal with the rest. If you are successful in getting a dismissal or reduction of charges in court, then the DMV hearing becomes even more important, since at this point, if you win the hearing, you will keep your license. Generally, if the DUI is reduced to a lesser charge, like a wet reckless in court, there is a reason for it, and normally that reason would apply at the DMV hearing as well.
  • What if I do not hire a lawyer? At least get a free consultation from an attorney. Most attorneys, including Michael Rehm, provide free consultations so it should not be difficult to obtain one. In most circumstances, you also want to schedule a DMV hearing and then go to court and ask for a public defender. But consult an attorney regarding your specific situation before taking any legal action.

 

For more information on how the law can apply to the specific facts of your case, and your overall situation, call Contra Costa County DUI Attorney Michael Rehm at (916) 233-7346 for a free, confidential consultation.

 

Legal Resources:

Sacramento Personal Injury Lawyer

San Francisco Personal Injury Attorney

 

Law Office of Michael Rehm

2121 Broadway Unit 188860

Sacramento, CA 95818

Phone: (916) 233-7346

michaelrehm@gmail.com