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A Legal Guide on What to Do After a DUI
DUI
Did you know that the fines and legal fees for driving under the influence can total $10,000 or more? If you don’t know what to do after a DUI, it can be an incredibly stressful experience regardless of finances.
Have you been arrested for drinking and driving and aren’t sure how to navigate the DUI process? There are several steps you can take to make a bad situation much easier to overcome.
The following guide will explain the most important actions to take after receiving a DUI.
Don’t Talk Without a Lawyer
There’s no way of talking your way out of things if the police choose to arrest you for a DUI. The same goes for the prosecutor, you can’t stop them from filing or pursuing charges after your arrest no matter what you say.
Don’t speak with the police even if you feel you’re innocent and have an alibi or sufficient evidence. They’ll assume that you’re lying or the evidence is falsified once they’ve already arrested you.
Wait to share any relevant information with your DUI attorney so they can decide how to use it for your benefit. Simply decline and ask to talk to your lawyer if the police ask you any questions about the DUI.
Call the DMV Immediately
Depending on the state you live in, a DUI arrest typically triggers two cases. One of them is a criminal case and the other one is the DMV Administrative Per Se case.
Criminal cases start once the prosecutor files charges, which happens after they receive the police report. It can take quite a while because the prosecutor has 12 months to file charges from the arrest date.
Usually, the police give you a date to come back to court for your first court appearance. This occurs after you get released from jail.
For a DMV APS case, you must actively request a hearing and you only get 10 days from your arrest to do so. They’ll suspend your license if you don’t request a hearing in time.
The police give you a pink temporary license after you get released from jail. Look for a phone number on the temporary license you need to call to schedule a hearing.
Consult With a Lawyer
Set up a consultation with a DUI attorney right away. Many criminal defense lawyers offer the first consultation for free. Remember to look for an attorney with specific DUI experience because the cases tend to get complicated.
Consultations with an attorney are totally confidential. So, you can tell them every detail without worrying about if it might get used against you.
Collecting Details
Make sure to record any details you can recall about your arrest as soon as you get released from jail. Also, try to remember what happened before the arrest. You can either write down the information or record it using your phone.
First, ask yourself what you said to the and how you first met them. Try to remember the reason they gave for pulling you over and note any comments they made about your driving.
Next, think about if they asked you to get out of your vehicle or if they ordered you to do so. The same goes for the Field Sobriety Tests, were you asked to do them or ordered to do them?
Think about which field sobriety test you did and how you performed. Note if you gave a breath sample and how many you gave.
Try to remember if the police gave you the option between a breath test or a blood test. Finally, note if the police asked you to make a statement following your arrest.
Gathering Witnesses and Evidence
There’s a good chance that you were around other people before your DUI arrest. So, make a list of places and people you were around before your arrest once you get released from jail.
The police don’t do any investigating after a standard DUI arrest. They believe that they already possess all of the evidence necessary to convict you. But there’s a chance you can help with your case if you can find witnesses.
Your DUI attorney can reach out to witnesses and ask them for any information that might help. For instance, a person you were with might testify that you didn’t have too much or anything to drink before driving.
There could be evidence other than witnesses to help with your case as well. For example, you can ask for a copy of the receipt from the bar or restaurant you were at before your arrest. It might help demonstrate that you weren’t drunk while driving your vehicle. Y
Some bars and restaurants might have security cameras that could prove you didn’t have too much to drink. always share evidence with your attorney and let them decide if it benefits you.
Give Your Attorney Control
Always listen to the guidance your attorney gives you, whether it’s a Public Defender or a private attorney. They’re ethically obligated to work in your best interest.
It’s safe to fully trust your attorney and it’s crucial that you do. Hiring an experienced attorney makes giving them full control much easier.
You can make their job easier and help your case by staying out of trouble. It also helps plea bargain negotiations with the DA and sentencing with the judge.
Understanding What to Do After a DUI
Now you know what to do after a DUI arrest to best help your case. Remember, don’t talk with the police, document every detail you can, hire a skilled attorney, and trust their advice.
Keep in mind that DUI cases can take upwards of a year to resolve, so stay patient. Check out our many categories for more tips and tricks to help manage life’s ups and downs.
Kenneth is a proud native of sydney, born and raised there. However, he pursued his education abroad and studied in Australia. Kenneth has worked as a journalist for almost a decade, making valuable contributions to prominent publications such as Yahoo News and The Verge. Currently, he serves as a journalist for The Hear Up, where he focuses on covering climate and science news. You can reach Kenneth at [email protected].
