Welcome to
DUI-LawFirms.com
Site Menu

DUI Law Firms
DUI News
DUI Information
Location Specific Info

Article Library

DUI
DUI Penalties
Penalties Of DUI
DUI Laws
DUI And Probation
DUI Cost
DUI Lawyer
Finding A DUI Lawyer
DUI Charges
DUI Law

DUIs in the News.



What to Do after DUI Arrest

Erik Schouman

To know what you should do after you have been arrested for DUI/DWI, you must try to find out what all happens after the arrest. All states follow almost the same course of action in DUI arrest cases. The common procedure is:


1. If the officer has reason to suspect you for DUI, say on basis of field sobriety test, he will arrest you, take you to the police station and ask you to give a chemical test.

2. If this test shows you are not under influence, you will be released with applicable violations, if any.

3. But if your BAC comes under DIU illegal limit, the Department of Motor Vehicle will review your licence suspension/revocation charges. If they are upheld, you licence will come under suspension/revocation.

4. What follows next is arraignment for advisement of rights. You have to be there unless you are not on bond or have a lawyer.

5. After arraignment, there will be a pre-trial conference with the district attorney (DA) where your lawyer might try to get you a deal for you plea bargain.

6. If any of your constitutional right has been violated, you can get the court to suppress some or all the evidence against you in the suppression hearing.

7. A trial with or without jury.

8. Court will impose a sentence after conviction.

The above course of action clearly shows that you have to be very careful after your arrest if you don't want to be convicted. So, when it comes to taking action following arrest, here are certain things you must know:

You can refuse to take the chemical test. But you should have very good and sound reasons for your refusal. Your refusal might be used against you in court to show your guilt.
Contact a near one. Speak to him/her. It can show your state of sobriety.
After arrest, the first thing that you must do is to save your licence and privilege to drive. Request a hearing within 7 days (the stipulated time differs from state to state) if your licence has been taken away, suspended or revoked. If on arrest, you had a valid licence, you are qualified to get a temporary licence until the hearing.
You should ask for the officer's presence at the motor vehicle hearing. His report determines the outcome of the hearing. If he does not appear or cannot justify his action, you might get your licence back.
Hire an attorney. But if money is a constraint, get some free consultation appointments from lawyers. You can then choose a lawyer with a reasonable fee structure.
Find out the DA's offer. The first offer may not necessarily be the best one. If your defence is strong, the state has to work hard to prove it's case in the court.
If you are asked to appear in court, do so. If you don't, you might invite a bench warrant for your arrest or a revocation of bond.
Don't drive if your licence has been revoked. It is a worse offence than DUI.

DUI comes under criminal law. Besides hefty fines, alcohol programs and community service, you might also get a serious punishment like jail term. Taking the right steps after DUI arrest, is the only way to get out of trouble.

 

 



© DUI LawFirms  -   Contact us
Privacy Policy   -   Terms of Service   -   Sitemap   -   More info