What To DO After A DUI Arrest
Getting arrested for driving under intoxication or DUI can be frightening and confusing. Chances are that you may be wondering what to do next. You may have millions of questions about the incident, which can only be answered by a highly qualified DUI accident attorney. Whether you had a single drink or not, the results of a DUI arrest can potentially have the same consequences. That’s why it’s important to know what to do and the things to avoid to protect yourself and correct the steps before it’s too late. If you find yourself in such a situation, here is a list of what you can do to prevent a negative outcome of your trial.
Don’t Speak to the Police
It’s always prudent to remember that once the police have arrested you for DUI, there’s nothing you can say to get them to change their minds. Again, there’s nothing you can say that will prevent the prosecutor from pursuing or filing charges against you when you’re arrested. Even if you have enough evidence and a solid alibi to prove your innocence, don’t speak to the police. If they have already arrested you, they won’t listen to you or will assume you’re lying. Save the evidence you have to share with your attorney. They will also likely advise you against speaking to the police without their presence. If they ask you questions, decline to answer and ask to speak to your lawyer.
Call the DMV Immediately
In some states like California, a DUI arrest starts with two cases: the criminal case and the DMV administrative Per Se (APS) case. The criminal cases start officially when the prosecutor files charges after receiving the police report. This can take a long while, as the prosecutor has one year from the date of arrest to file the charges. The police will provide you with a date to return for your initial court appearance. After your arrest, actively request a hearing for your DMV APS case. This is because you have only ten days from the date of arrest to request a hearing. If you don’t do it in 10 days, your license will be automatically suspended.
Work With an Experienced Attorney
After calling the DMV, you must consult an experienced DUI attorney as soon as possible. You probably have many questions, such as your state’s minimum jail time and fine. Your lawyer can only answer those questions through a simple consultation. Most attorneys offer a free consultation. Only work with an attorney specializing in DUI charges and arrests, as these are complex cases requiring high-level experience. Once you have found a good lawyer,
If you’re arrested for DUI, chances are you were coming from a restaurant, friend’s party, or bar. That means you must have had company before you were arrested. These are the people you need to talk to. Make a list of the people you met and the places you visited. In a misdemeanor DUI, the police will not investigate further after you’ve been arrested. It will be your chance to defend yourself using witnesses. Your accident attorney will contact these people to find out if they have any valuable information that can help set you free. The people you were with may testify that you did not drink much or had anything to drink before you got behind the wheel.
Along with witnesses, you must also provide evidence to bolster your case. For instance, if you were in a restaurant before you were arrested, you can provide the receipt for what you ordered in the restaurant. This can help establish that you were not drinking and driving. You can also fetch CCTV footage that may assist in establishing that you didn’t consume excessive alcohol. Be sure to discuss the kind of evidence required with your attorney.