What to Do When You are Arrested for a DUI

Being stopped by a police officer is stressful in itself. When it results in a DUI arrest, the stress escalates dramatically. The blinking lights in your rearview mirror, the side of the road sobriety tests, and the ride to the police station could make you feel lost, frightened, and uncertain about what to do next. A DUI arrest is not just an inconvenience. It is a serious legal issue with potentially life-changing impact on an individual in the form of heavy fines, a suspended licence, and even jail time. Knowing your rights and what actions to take is vital during this overwhelming situation. The information below addresses the steps to follow after a DUI arrest to protect yourself and build the strongest possible defense.

Record What Happened Before and After the Arrest

The moments right after a DUI arrest are a whirlwind of confusion and anxiety. You may be thinking of going home or just unwinding after the experience, but what you do within the first 24 hours is critical and may significantly influence the outcome of your case.

You need to list all the details you can recall of the 24 hours leading to your arrest. Find a quiet place and note all this down as soon as possible. Your memory fades quickly, so write everything down as soon as possible. Create a detailed timeline:

• Before the stop — What and where you drank and ate, how much you drank and ate, and over what period. Note, too, who you were with and what you talked about.

• During the stop — What time did the officer stop you? Where were you? What did the officer say and what did he/she do? Be as specific as possible. Did the officer specify the reason for the stop, like a broken taillight or swerving?

• Field sobriety tests — Explain the sobriety tests you were subjected to. What was the officer's explanation of them? What was the experience as you did them? Did they use a portable breathalyzer?

• At the station — Record details of the chemical test you were given (breath, blood, or urine). Were you read your rights by the officer? What was your reply to the questions they asked you?

This in-depth account can be important to your legal team as they find ways to challenge prosecution evidence to present you with a solid defense.

Upon your release, you will get a few documents. Do not lose these. Gather every document, including the ticket, the notice of suspension of your driver's license, receipts of bail or a bond, and any other documents that the police provided to you. Preserve these documents in a secure location like a dedicated folder; do not write on them. They include vital details regarding your charges, court hearings, and administrative disciplinary measures against your license.

Furthermore, your car was likely towed and was at the place of your arrest. The law enforcement officer should have told you where your car was taken, but you would have to find it if he/she did not. You may call the impound lot they use or the police department. To recover your car, you will generally require:

• Evidence of ownership

• Your driver's license, even if suspended

• A fee to pay for the tow and storage

Make arrangements to have someone with a legal license to drive it off.

Moreover, confiding in friends or writing on social media about being arrested is easy. Avoid doing so. Anything that you say can be used against you in court. Discuss your case with nobody, not your friends, family, or colleagues, until you have talked with a lawyer. Do not post anything on social media, even statements that seem harmless. Your lawyer is the only person you should be sharing the specifics with. Your first 24 hours are about securing your future, starting with your silence.

Observe the Deadlines for Certain Legal Processes to Save Your Driver’s License

Following a DUI arrest, there are two legal battles to fight:

• The criminal case in court

• The administrative battle with the Department of Motor Vehicles (DMV)

Although the criminal case could take months, the fight to save your driver's license begins immediately with a non-negotiable deadline.

An Administrative License Suspension (ALS) or Administrative Per Se (APS) is imposed upon your driver's license if you are arrested for a DUI. This suspension is automatic and is entirely independent of the penalties of a criminal conviction. It applies regardless of the circumstances of conviction or non-conviction of the DUI charge. The arresting police officer must have taken your physical license and issued you a temporary paper, which is your warning of the forthcoming suspension.

The deadline to request a DMV hearing is the most critical timeline you should note. This deadline is not more than 7 to 10 days after the date of your arrest. If you miss this deadline, you waive your right to appeal the suspension, and the DMV will suspend your license on the effective date cited on the temporary license, typically 30 days after your arraignment. Do not wait until your court hearing or until a lawyer gets in touch with you. This deadline is immediate and unforgiving.

You must petition for an administrative hearing to avoid the automatic suspension. Start by finding the specific instructions on the suspension notice provided to you by the arresting officer. It will include a phone number or a particular mailing address of the DMV, the Driver Safety, or Hearing office. You should:

• Find the notice — Look for the paperwork titled: the “Order of Suspension” or the” Notice of Administrative Per Se Suspension.”

• Call or submit the form — Call the number provided to request a hearing. If you must mail the form, use certified mail to ensure you have a record that this form was sent and received.

• Document everything — When you make the call, write down the date, time, and the name of the person you talked with. This record is your evidence of how you were able to meet the deadline.

By requesting this hearing, you are preserving your right to challenge the suspension and putting it on hold. You can keep driving under your temporary license at the hearing. This will allow your lawyer to review the evidence and police report and subpoena the arresting officer. They could be in a position to have the suspension thrown out. An administrative hearing is an entirely different legal process from your criminal case, and a win here can significantly benefit your criminal defense. Be sure you take this opportunity.

Find and Hire the Right DUI Defense Attorney

Once you take the first steps in safeguarding your rights and your license, the next most important step you will make is to select the right legal representation. The DUI scenario is not a self-help kind of case. DUI law is a purely specialized and complex field with challenging evidence of a technical nature, police policies, and complex court proceedings. Your future and the resolution of your case may depend on the experience of your lawyer.

Unlike an ordinary traffic ticket, a DUI charge has serious long-term consequences. The law is dynamic, and new laws are introduced regularly on matters like the calibration of breathalyzers and blood testing processes. A veteran DUI lawyer realizes the science of these tests, can question the legality of the initial traffic stop, and is well acquainted with the local prosecutors and judges. While you could be tempted to hire a public defender, consider that he/she could have a considerable number of cases, and thus the time and resources allocated to your case can be limited. A private DUI defense attorney will provide the focused attention and strategic defense you need.

It is a good idea to research a reputable attorney. Begin with these credible resources:

• State and local bar associations — Lawyer referral services are available in bar associations and may help you find an attorney specializing in DUI defense.

• Personal referrals — Ask friends or family for recommendations of a DUI attorney.

• Well-known legal directories — Legal directories, like Avvo and Martindale-Hubbell, also offer in-depth profiles, client reviews, and attorneys' peer ratings. Seek attorneys with a high percentage of their work dedicated to DUI defense.

After developing a list of potential attorneys, schedule consultations. Several attorneys offer free or low-priced initial appointments. You can interview them and determine whether they are the right fit for your case. Bring the paperwork and detailed notes you have already compiled, and ask the following key questions:

• What percentage of your practice is dedicated to DUI defense? — This question will assist you in understanding how specialized he/she is. A lawyer who practices DUI as a minor part of a general practice may not be as efficient as one specializing in this field.

• What is your strategy for dealing with the DMV hearing? — An informed lawyer will also quickly see the seriousness of the administrative license suspension and have a clear vision to challenge it.

• What are the potential weaknesses in my case? — An excellent attorney will not give promises. Instead, they will provide you with a candid and open evaluation of your situation, pointing out possible difficulties they must overcome.

• What are your fees and how are they structured? — Be clear on costs upfront. Pose the question of whether they charge a flat fee for the entire case, or an hourly rate, and what that fee covers, for example, court appearances, expert witnesses, and trial representation. You could also ask if they offer payment plans.

• Will you be the one handling my case personally? — The senior attorney you meet with in certain larger firms might not be the one who does the day-to-day work. Ensure you communicate regularly with the attorney in the courtroom.

Through these questions and listening to your instincts, you can make an informed judgment and choose an attorney who will be a great advocate for you in this challenging period.

Actively Participate in Your Defense with Your Attorney

Your attorney is your legal guide, but a strong defense is a team effort. You must be active and cooperate to create the strongest case possible. After you hire a DUI defense lawyer, you are no longer a passive client, but an active partner in your self-defense.

The initial and most crucial one is to be completely honest with your lawyer. Although you find it hard to admit mistakes or embarrassing facts, your lawyer cannot adequately defend you unless he/she knows all the facts. Share the detailed timeline you created after the arrest, what you ate, drank, and what happened during the stop and at the police station.

There is no need to leave any information aside, whether good or bad. A skilled lawyer can turn seemingly damaging information into a strategic advantage, but only if they know about it from the beginning. Being honest with your lawyer about the case, including the embarrassing details, will help him/her not be surprised by the new evidence presented by the prosecution in court.

Your attorney will require as much information as possible to make a complete defense. Begin by compiling all the documents. This includes:

• Financial records — Including pay stubs, employment contracts, or other documents showing how a DUI conviction may hurt the person's finances. This can be used to negotiate for alternative sentencing.

• Medical records — Gather and submit medical records if any medical issues could affect your performance on a field sobriety test, for example, balance, inner ear problems, neuropathy, or knee injuries. This plays an essential role in questioning the validity of the tests.

• Witness information — Gather contact information of any persons with you before your arrest. These could be friends, coworkers, or relatives with you that evening. These people can provide valuable testimony regarding your state of mind and sobriety before driving your car.

• Additional receipts and records — Any receipts from the night of the arrest, like from a restaurant, bar, or store, may serve to verify your schedule and consumption.

Besides gathering your documents, you should list persons who may act as potential witnesses. This may be a bartender who served you, a friend with whom you were out, or even a colleague who saw you leave work. Your lawyer may wish to talk to them to make a statement that will be helpful to your case.

Most importantly, do what your attorney tells you to do. This means:

• Being present at every court date and appointment — Missing a court date results in an automatic arrest warrant

• Avoid any contact with the prosecution or the police — Allow your lawyer to do all communications

• Avoid alcohol until the case is resolved — This is more so because any new offences may prove harmful to your case

Being a proactive and honest client will provide your attorney with the tools to help him/her reach the most favorable result of your case.

Proactively Manage the Potential Consequences

After being arrested for a DUI, you may feel like you have lost control of your life. As your lawyer goes about formulating the legal defense, you can take proactive steps to show the court that you are not taking the situation lightly and are ready to make a positive change. These steps could result in a more positive outcome, like reduced penalties or a lighter sentence.

Although you may not believe you have a drinking problem, it is quite a strong step to get a professional substance abuse assessment voluntarily. With a certified counselor, the evaluation will identify your substance abuse risk level. By giving this report to the court, you demonstrate that you are taking the initiative and being responsible. It also provides your attorney with bargaining power in plea bargaining since it shows that you have already diagnosed and dealt with any problems that may have arisen. In others, courts can actually lower classes or treatment required when you have already undertaken a voluntary assessment and acted on its advice.

It can also be a good proactive measure to attend the Alcoholics Anonymous (AA) or other supporting group meetings and document your attendance. While courts can't legally mandate attendance at AA due to its spiritual nature, they often view voluntary participation favorably. It shows the willingness to self-develop and the wish to prevent crimes in the future. Ask your attorney if he/she can provide you with a meeting log to sign your attendance, or if he/she can have the meeting leader sign a piece of paper. This will demonstrate to the court that you are taking responsibility for your actions and change.

A conviction for DUI will likely mean a noticeable increase in your car insurance premium and a requirement to file an SR-22, the Certificate of Financial Responsibility. This document is evidence that you are insured to have the minimum insurance liability required by the state. The SR-22 insurance cost may be significantly higher when compared to a typical one, sometimes doubling or tripling your premium. You can lessen this financial blow by contacting your current insurance agent or shopping around for quotes from other companies. Being prepared for this expense is part of managing the consequences of the arrest and shows foresight.

DUI charges are expensive, regardless of the outcome. You will have to pay a host of fees, including court fines, attorney fees, reinstatement of the license fee, and fees on mandatory alcohol education classes or ignition interlock devices. The sooner you start setting aside funds, the better prepared you will be. Knowing that you have already begun to handle the financial burden will give you a sense of control and reduce stress. Being financially prepared for these costs is important in taking ownership of the situation.

Find a DUI Attorney Near Me

A DUI arrest may feel like the end of the road, but it is the start of a complicated legal process. By acting swiftly and strategically, you can regain a sense of control and significantly impact the outcome of your case. Taking the steps above will help you in your DUI case. If you have been charged with DUI in Bakersfield, call Koenig Law Office today at 661-793-7222 for a confidential consultation and take the first important step toward a strong defense.