Have you ever been arrested because you were driving under the influence of drugs or alcohol? This can be a nerve-wracking and scary experience. How is it possible to get out of a DUI charge? Every DUI arrest begins with a traffic stop. You may be pulled over by a police officer because they noticed you break a law of the road or you are exhibiting a suspicious behavior. You can also get arrested at a DUI checkpoint where officers are specifically looking for signs of drug or alcohol use. Regardless of where the arrest took place, it can be an overwhelming experience. With the help of our guide below, you can better prepare yourself in the case of it ever happening to you.
Through key seven steps, we will take you through the DUI information you should know after an arrest. Remember, a bad situation tends to cause stress. It’s hard to think clearly during stress, possibly resulting in more bad decisions. You may think being arrested for a DUI is the end of the world, & it is in fact a major offense. Despite that, there are many components in DUI cases. This is where confusion & stress plays a factor. You may have heard or read rumors about other unique DUI cases & their results. This may be very misleading. Every DUI case is unique & will have different results. All that said, be very pro-active with your case.
1. Speak To A Lawyer
The first thing you should do is take a deep breath, relax & accept the situation. Keep your hands on the wheel and give your license and registration to law enforcement when they request it. When they ask you to get out of your vehicle, do it slowly, and pay attention to their instructions. You will be handcuffed and taken to the backseat of their car, but just keep calm and accept the situation. The last thing you want to do is panic and get charged with more than just a DUI. The most important thing that comes next is speaking to an attorney. The attorney will break down your unique case & layout a plan. If you need legal assistance you can also find additional legal aid here and you can search for a lawyer here.
2. Do Not Panic!
The last thing you want to do is panic. Just follow what the officers instruct you to do and everything should go smoothly. If you do panic, you’ll only make your situation worse and possibly be charged further. Just keep a calm and cool head, while paying full attention to what’s going on. It will all be over sooner than you think! So remember, do not panic.
3. You Will Receive a Court Date
After you have been taken into police custody, booked, and gone to the arraignment, you will need to attend a hearing or trial. You will receive a court date from a court official. You will also be assigned a court-appointment lawyer. You can also choose to refuse the public defender and hire your own lawyer (which we will talk about below). After you are given your court date, you can contact an attorney and look up your local state laws to see what your options are. Generally speaking, your attorney should be able to do this for you. Generally, DUI hearings are pretty straightforward unless there are extenuating circumstances like a personal injury. For this reason, you do not need to worry too much about the hearing.
4. Research Your Local Laws
This step is one of the most important ones to consider. Laws about driving under the influence vary from state to state. The same is true for the punishment of a DUI arrest. You should research your local state laws to see what your options. This can help you to prepare for your case. Typically, your attorney will be well versed in these laws and will be able to prepare your case and determine your options for you. However, it is always good to do some research for yourself and learn all the DUI information you can about the situation you are in. Nevertheless, if you post bail and have sufficient time to research what your state laws are for DUI cases, it will help you get in the right mindset for your court date.
5. Relax
Next, you should possibly speak to an attorney. If you do not hire your own attorney, you will be appointed a public defender. Regardless of which type of lawyer you use, you should talk to them before the case begins. It’s important to speak to an attorney about your case beforehand so you can go through your case and prepare for your court date. However, not everyone is given enough time to meet with their attorney before their hearing. In some cases, you’re hearing is scheduled sooner than an available time for your attorney to meet you. In this case, you’ll meet your attorney right before your hearing, but this is absolutely normal.
6. License Suspension
In most cases, if you are charged with a DUI, your license will be suspended. Typically, the arresting officer will take your license and give you a temporary license which expires on the same date of your DMV hearing. Your license suspension will occur automatically if you fail to request a hearing.
At the hearing, if you plead your case successfully, you may have your license given back. However, if you do not plead your case, you will get your license suspended for a set length of time. The length of the suspension will depend on a few factors like your BAC at the time of the incident and any prior DUIs on your record.
Additionally, if you refuse to take part in a breath, blood, or urine sample when you are arrested, your license will be suspended automatically. The suspension can last anywhere from three months to a year depending on the state. Even if you are not convicted of a DUI, the suspension will remain in effect.
7. DUI Driving School
In order to get your driver’s license back, you will usually need to complete an education program called DUI driving school. Typically this is always the case, however, completely one of these programs successfully does not automatically mean that you can drive again. It depends on the specifics of your case. On the other hand, if you are required to complete one of these courses and you do not, you will not get your license back anytime soon.
These classes are designed to teach offending drivers all about the dangers of driving while under the influence. The class may also offer some kind of counseling for those who are suffering from an addiction. The specifics of the class will depend on the state where you live. All in all, the goal of these classes is to prevent people from driving under the influence again.