Arrest for DUI can quickly turn your plans upside down. You may be concerned about jail time, losing your license, penalties, or losing your work. Not knowing what is ahead adds to the tension. Getting legal advice early can make all the difference. DUI lawyers can help explain charges to you and analyze evidence with you so that you don’t make expensive mistakes. The sooner you know your rights, the more equipped you will be for the next steps. David Benowitz at the Platinum Criminal Defense Law Firm has experience defending people against criminal charges. He is Martindale-Hubbell AV rated and an AVVO 10. He is also a National College of DUI Defense Fellow and a member of the faculty of the Harvard Law School Trial Advocacy Workshop.
What to Know After Being Arrested for DUI
The fact is that a DUI arrest is merely the beginning of a legal process that can include multiple steps. You may receive a citation from the police, be arrested, or be sent to court. This method will be different for each situation and location. You may still face criminal charges even if you are freed shortly after being arrested. The state motor vehicle department may potentially try to revoke your driver’s license on its own. These two things can occur on separate schedules. If you miss a court date or licensing date, you can get into extra difficulty. By contacting a lawyer early, you can learn what dates are important and what you need to accomplish.
Why You Need To Call A DUI Lawyer Right Away
If you’re arrested for DUI, time is of the essence. If there are legal time limits, such as requesting a hearing, then the limits may pass before a person may act. It also may be tougher to obtain evidence. A DUI lawyer can start with the reason for your traffic stop. The police must have a legal reason to halt your car. 1. If the stop was not authorized, your attorney can contest any evidence obtained from the stop. Getting aid early also prepares you for court. Your lawyer can evaluate the charge, describe potential fines, and explain what has to happen next. That advice can lessen some of the anxiety of an arrest.
Saving Evidence Prior to the Split
Evidence can matter in a DUI case. It can be found in a dash cam and/or body cam video, witness reports, and test results that can help define the circumstance. Some video systems retain footage for a time then overwrite useful footage. Witnesses also forget little aspects of events over time. Also, the sooner you act, the more likely your lawyer will be able to obtain and preserve evidence that may be helpful to you. A lawyer can consider questions such as:
- Did the police have probable cause to halt the car?
- Was the cop correct in his actions?
- Does the footage match the police report?
- Did breath and blood tests get administered properly?
- Are witnesses offering anything?
In some cases, test results don’t conclude the discussion. A lawyer may evaluate the device data, testing procedures, and other information for a basis to challenge the result.
Your Rights Regarding DUIs
You might want to explain things when you get arrested. You may wish to get it over with. However, sloppy comments can cause you trouble. You have legal rights, and an attorney can help you understand how to exercise those rights in your situation. Do not share details of your arrest with other individuals, such as on social media or to prospective witnesses. If police try to ask you questions regarding the alleged offense, get guidance from an attorney before they ask very many questions. Don’t lie to the officers or hide evidence from them. Retain whatever documents you get and provide it to your lawyer. Being calm and careful will keep your standing as the case continues.
How DUI Lawyers Evaluate the Charge
A DUI lawyer does not simply go to court with you. The attorney examines the evidence the state possesses and researches the charge to determine if it can be proven. This evaluation may include the traffic stop, the officer’s behavior, field sobriety testing, and breath or blood test findings. The lawyer may also review the police actions for compliance with standards of procedure at each step. If the lawyer sees legal issues with the evidence, she may urge the judge to exclude some of the evidence. This is frequently referred to as a move to suppress. The judge rules if there is a good foundation for the motion. If there’s a good reason to remove evidence, the prosecutor will also have a more difficult time proving that accusation. It is contingent upon the facts and the legislation.
But Where the Fuck Is Your License, Man?
Before that’s resolved for criminal purposes, a DUI arrest can threaten your driving privileges. In some states, a motor vehicle agency may suspend your license after an arrest and refusal to test. You could have a tight time frame to ask for a hearing. The rules differ from state to state, and so do the deadlines. Don’t think the court date is your only deadline. A lawyer can guide you through the licensing process and advise you whether you have grounds to appeal the suspension. They can also tell you if you can have limited driving privileges in your area. This is important if you must drive to work, school, or family obligations. Getting a read on the situation early will assist you know your options before a deadline expires.
Is Early Legal Help More Likely to Result in Good Options?
The truth is, early legal counsel cannot guarantee dismissal or anything else. It can assist you in understanding the evidence and making educated choices. Your lawyer may negotiate a plea bargain, a motion to exclude evidence, or a trial defense. There are distinct hazards to each strategy. The appropriate choice depends on the facts, the law, and your wishes. If arrested, speak with a criminal defense attorney who can explain your rights and future procedures.
What to Do After a DUI Arrest
Getting charged with a DUI might be overwhelming. You don’t have to face the legal system alone. Protect your paperwork from the Court, know critical deadlines, and consult an attorney promptly. Don’t ignore court dates or notices from the motor vehicle department. The sooner you respond, the more time you’ll have to explore the charge and evidence. While each case is unique, understanding your rights is a great first step.
FAQs
1. Why Do I Need to Get a DUI Lawyer to Help Me Shortly after Arrest?
Short answer: Deadlines and evidence will save aid.
Long answer: While evidence is still fresh and witnesses remember what happened, a lawyer can evaluate the traffic stop, the findings of any tests, and the conduct of police officers. They can also help you to understand court dates and driver’s license deadlines.
2. Will mistakes by police enable you to get a DUI charge dropped?
Short answer: Yes, sometimes if the mistake is grounds for doing so.
Long answer: If you were illegally stopped, illegally searched, or if evidence was obtained in violation of your rights, then an attorney may be able to file an objection. Not all mistakes will result in a dismissal. The court examines the facts and law.
3. Can I have my driver’s license suspended before a final decision on my DUI?
Short answer: Yes, depending on the law in your state and the facts.
Long answer: In some places, there are separate license suspensions for a failed/refused test and an arrest. You could have to have a hearing soon. A lawyer can help you understand the rules that apply to your case.
4. What if I’m only charged with DUI?
Short answer: Keep your documents, know your deadlines, and seek help.
Long answer: Keep your court, police, and motor vehicle records. Keep a record of what you recall about the events and save any documents. Don’t blog about the case and show up to all court hearings.
5. Breath test failure, can a DUI lawyer help?
Short answer: Yes, a qualified lawyer may be able to contest the test outcome.
Long answer: The lawyer can review the device data, the test protocols, the training of the officer, and other evidence. If there is a legal issue or technical difficulty, the lawyer may address this in court. The outcome relies on the evidence and the law in your state.