FREQUENTLY ASKED QUESTIONS

If you’ve just been arrested for driving under the influence in Santa Cruz, you likely spent the night (or at least a few hours) at the "sobering center" and were released with a ticket (smaller yellow piece of paper listing the charges against you) and a temporary driver’s license (pink piece of paper with lots of words in tiny font). Now what? 

The temporary license is a valid license (assuming you had a valid license prior to the arrest) for the next 30 days. It informs you that if you do not call DMV within 10 days to set up a hearing your license will be automatically suspended after those 30 days. The paper then gives a Sacramento number to call and request a hearing. That number is a ten minute plus recording that will simply confuse you – and there is no option to request a hearing. The correct number to call and request a hearing is (833) 543-7703. In almost all cases it makes sense to request a hearing from the DMV, even when you think there is no hope of winning.

The ticket will let you know your court date, usually approximately four weeks from the date of arrest. Any lawyer you speak with will want to know that date and the charges. Those charges are usually VC 23152(a) (driving under the influence of alcohol) and 23152(b) driving at a time when your blood alcohol is .08 percent or greater.  

When I’m speaking with people that have been recently arrested I advise three things: request a DMV hearing (see above), take pictures of the area where you did the roadside balance tests (cracked pavement? A slope? debris?) and try to get evidence of what you had to drink and when. That evidence can be a receipt, it could be someone who was with you and could testify as to what you had and when, it could even be a video from the store where you purchased alcohol. These things could become important in the defense of your case.

I recommend calling several local attorneys and simply discussing your case with them. Most of us will talk to potential new clients for free, and this can give you a good idea of who might be the best fit for your personal circumstance. Importantly, it may rule out issues that are causing stress; it may also clue you into things that might occur that you had not envisioned. Call John W. Thornton at 831-426-5800 in Santa Cruz, California, for a thorough assessment of your case.

A criminal defense and DUI lawyer in Santa Cruz County can represent clients in all cities and communities within the county, including:

Santa Cruz, Aptos, Ben Lomond, Big Basin, Boulder Creek, Brookdale, Capitola, Corralitos, Davenport, Felton, Freedom, La Selva Beach, Las Lomas, Lompico, Los Gatos, Mount Hermon, Pajaro, Paradise Park, Rio del Mar, Royal Oaks, Scotts Valley, Seacliff, Seascape, Soquel, and Watsonville.

This means your lawyer is familiar with the local courts, procedures, and legal community throughout the county.

Time is critical after a DUI arrest because there are strict deadlines for requesting hearings, preserving evidence, and protecting your rights. For example, you may have only a few days to request a DMV hearing to challenge the suspension of your driver’s license. Acting quickly allows your lawyer to gather evidence, interview witnesses, and build a strong defense before important opportunities are lost. Delays can limit your options and negatively impact your case.

Yes. If you are charged with a DUI in Santa Cruz County—even if you live elsewhere—it is highly recommended to hire a lawyer who regularly defends cases in Santa Cruz County. Local lawyers understand the county’s court system, judges, and prosecutors, which can make a significant difference in the outcome of your case. They can also handle court appearances on your behalf, minimizing the need for you to travel.

Being arrested can be a frightening and stressful experience, especially without an experienced attorney to protect your rights. Many people unintentionally harm their case by speaking to the police or reacting improperly after an arrest. Whether your charge is DUI, drug possession, or a more serious offense, following these key steps can help protect your defense:

Do not speak to the police without a lawyer present. You have the right to remain silent and are not required to answer any questions. Trying to explain or talk your way out of trouble can lead to unintentional admissions that may be used against you. Police may misinterpret or inaccurately record your statements, making your situation more difficult.

Be polite and respectful. You can refuse to answer questions without being rude. Simply say, “I prefer to consult a lawyer before answering.”

Request a lawyer before any questioning. If you do not have an attorney, the police must provide one if you ask. Once you request a lawyer, all questioning must stop until your attorney is present, even if you cannot afford one.

It can be difficult to stay calm and silent, especially if officers pressure you with threats. However, your silence cannot be used as evidence against you.

Having an attorney present before speaking to law enforcement is crucial. While it may feel uncomfortable at the moment, it can prevent far greater difficulties later.

Attorney John W. Thornton has decades of experience helping clients in Santa Cruz County navigate these situations. If you or a loved one has been arrested, contact the office immediately for guidance and representation.

No matter what you are charged with, it is usually best not to say anything to the police without a lawyer present. Talking to the police or trying to explain your side can sometimes lead to more trouble. The legal process can be complex, and having an experienced attorney to guide you is often crucial.