When you are first arrested for driving under the influence (DUI), it can be a terrifying situation. This fear is warranted, especially as alcohol-related driving incidents kill thousands of people each year in America. According to research, a person dies every 45 minutes in a crash involving a drunk driver.
For many people, this will be a one-time-only incident, so it’s common to be unsure when deciding what to do next. In fact, most individuals who are charged with DUIs ask, “What should I do next?”
Thankfully, this post has outlined the five most important steps to complete after being charged with a DUI.
Invoke Your Rights
No matter where you are or what you have done, you still have rights that should be respected when dealing with the police. Although you will have to tell the officer your name and hand over your driver’s license, this is all you have to say. You have the right to remain silent if you wish, and to avoid incriminating yourself; to do this, you should state that you want to assert your constitutional right to remain silent.
Similarly, if you do not want the police to search your person or vehicle, you can refuse to consent. They might still frisk you if they believe you are carrying a weapon.
You must remain as polite as possible when you encounter the police and understand how your rights could affect your situation, though. For example, you do have the right to refuse a breathalyzer test, but this might result in your license being suspended. This could also come across as not cooperating with law enforcement, which could go against you in court.
Remaining calm is essential to ensure you do not worsen your charge.
Consult with a DUI Lawyer
It is likely that you will have a lot of questions and very few answers, especially if this is your first DUI arrest. Speaking with an expert DUI lawyer can provide answers to many of these questions. For a DUI case, you might be better suited to a lawyer who specializes with that type of case, as they will have the most experience.
Thankfully, many attorneys will provide free initial consultations to potential clients. This consultation is the perfect time to explain what happened without fear of anything being used against you, as consultations will be confidential. An attorney will help you determine if the police had probable cause to stop your car, if there was a good reason to believe you were impaired, and so on.
After selecting the lawyer that you wish to go ahead with, it is essential that you listen to the advice given by your attorney. This professional will have a duty of loyalty to you, which means they will only act in your best interest. You want to find an attorney who will fight for you to secure the best result for your DUI case, as this Birmingham DUI defense law firm states.
In addition to the legal case, your selected criminal defense lawyer will be able to guide you through the process of dealing with the Department of Motor Vehicles (DMV). This could be necessary as it will deal with the suspension of your driver’s license, although there are some situations where an attorney will advise you to waive this right.
Record the Details of the Incident
This step should be completed when the details of your arrest are fresh in your mind, so the earlier, the better. The details can be recorded in written form or as a voice note on your mobile, and you should include everything that you can remember from your arrest and what happened before your arrest, too.
Some of the questions that are useful to ask yourself include:
- How and when did you first encounter the police?
- What did the police say to you?
- What did you say to the police?
- Were you asked or told to get out of your vehicle?
These questions, and many more, will build a clear picture of the incident, and this will help your attorney build your defense.
Gather Evidence
There might be evidence available that can assist your case. One piece of evidence that is important is obtaining a copy of the bill from the establishment you were at prior to your arrest. The establishment might have security cameras, too, that will prove you were not under the influence. This evidence should be shared with your lawyer.
Gathering evidence will also include identifying potential witnesses. A lot of the time, when people are arrested for a DUI, they have just left a bar or a restaurant. This means you were likely with people before the arrest; sometimes, there are even other people in the car with you at the time of the arrest. The police will not investigate this after your arrest, but it can be useful for you and your attorney.
The people who saw you or were with you might be able to shed more light on your situation, such as explaining you didn’t have anything to drink or didn’t drink a lot. This will help your case, but remember to only share this information with your attorney.
Stay Out of Trouble
Negotiating with the DA is a lot easier if you do not pick up any additional cases before resolving the original DUI case. It can be a swaying element in your plea bargain if you have managed to stay out of trouble. The judge will often state that you must obey all laws before the court, especially if you have been arrested for a misdemeanor DUI that does not result in jail time before your trial.
You should also avoid driving. Your license might be suspended after the arrest, but it might not. If this is the case, you should still limit your driving to ensure you are not arrested for another offense. Instead, you should make use of public transport or ask friends and family for assistance with transportation.
A DUI case can differ from other criminal cases, so it is essential to understand the steps you should take after your arrest. Of course, the most important aspect to remember is to hire an experienced attorney. This will be your best chance at achieving the best result possible.