What To Do When Arrested For DUI

No one ever plans on getting arrested for a suspected DUI (Driving Under the Influence). For most of you this is your first time dealing with the legal system and you may feel lost and scared. Don’t feel bad because you are not alone. Most of the people I deal with are like you, everyday people who do their best to follow the law and live their lives as best they can. However, you may have been out with some friends or celebrating with your family and lost track of how much alcohol you consumed. I understand that this is not an indication of the person you are, but merely an unfortunate incident. Unfortunately, the police and the prosecutors do not  understand that. Remember the cops and prosecutors are not your friends and they are doing anything they can to collect evidence to prove their case against you.

To help you get on the right track after the arrest I have created these steps for you to follow to help put you in the best possible position you can be in.

#1 – Don’t Panic

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I know this is a hard one. You were just arrested, put in handcuffs and taken to jail. Who knows who saw you or will find out about it. You are wondering what will people think, and what should you do. You’ve never been in this situation before. Panicking will cloud your thinking and slow you down. There are some things that need to be done quickly and you cannot afford to lose too much time.

The first thing you need to do is take a breath, and accept that this is going to be a stressful time in your life. However, you have me on your side I will help you get through this.

#2 – Write Down What Happened

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Once you’ve had your short panic moment, it’s time to tighten your bootstraps and get moving. First thing to do is write down everything you remember from the time leading up to your arrest. I know, you’re thinking that it is something you will never forget. However, over time memories do fade and sometimes important details are missed.

Write down the time you started drinking, try to remember all of the drinks you had and at what time. Did you have any food? Next try to remember why the cop said they pulled you over. Then try to write down everything that happened during the DUI investigation. There are certain procedures and scripts the cops must follow for the tests to be valid. If they deviated it may invalidate the test.

This is the first step in building a solid defense for yourself.

#3 – Check For Witnesses

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Usually, most people were driving home alone when pulled over. However, some people were lucky enough to have a passenger, or noticed a pedestrian that witnessed the whole event. If that is the case and you have contact with that person, have them write down their account of that night.

Some people are very lucky and have a dash cam installed in their car, or drives a Tesla which records everything. Make sure you save that footage so it is not lost of overwritten. In a situation where it is your word against a cop’s, video footage does not lie and may save your license or freedom.

#4 – Contact An Attorney

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I know this sounds like shameless self-promotion at this point, but it really is in your best interest. There are things that the average person does not know about DUIs. For example, did you know that even if you are not convicted of a DUI the DMV will still try to suspend your license for four months and they will do it automatically unless someone acts? You have 10 days from the date you were arrested to request a hearing from the DMV to try and save your license. If you miss that window, the DMV will automatically suspend your license. As a side note, public defenders do not do DUI DMV hearing, so even if you use a public defender, you will need to contact the DMV yourself to try and save your license.

By hiring an attorney, you will put yourself in the best possible position you could be in. Sometimes there were things done during the DUI investigation that are grounds for a dismissal. As a DUI Lawyer I know what those things are and actively look for them. Also, I have spent years developing relationships with both judges and prosecutors. Those relationships allow me to advocate for you in the best way because I am not just some stranger off the street. I have a history with these people and a good reputation that allows me to negotiate in ways most people can’t. I am also aware of programs and course that you can do to make you look good to the court and also be used to put you in the best possible situation.

#5 – Get The Police Reports

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Once your attorney is entered as your attorney or record, they are entitled to what is called discovery. This is just a fancy terms for all of the evidence the prosecution have that is both good and bad for you. Once your attorney has them, they should share them with you. At this point you should go back to what you wrote down in step two and see if there are any discrepancies between what the cops claimed happened and what you remembered. These discrepancies may be useful if the cop did not properly record what happened during your arrest.

#6 – Get Prepared For Potential Consequences

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Although it is always my goal to get your charges either dropped or reduced, that cannot happen in every instance. Best to prepare yourself for some potential consequences of this unfortunate situation. Here is where having an attorney that is honest and has good communication will help. They will be able to let you know of any potential outcomes so you can get prepared beforehand. If you are looking at a license suspension, they may be able to advise you of options that will actually let you continue to drive during your suspension. If there might be any required classes or courses, they can let you know so you can budge money for those programs.

I know that if this is your first time DUI, there is always the fear of jail time. This is where having an experienced attorney can help with you piece of mind. An experienced attorney who frequents particular courtrooms will know, based on the facts of your case, if that is a real potential or not. Just to let you know, first time DUI’s typically don’t come with jail time unless someone was hurt or there was major property damage.

Whether it is your first DUI, or not, it is always best to have an attorney working toward your best interest to get the best possible outcome.