Driving under the influence (DUI) refers to the serious offense of operating a motor vehicle while affected by alcohol or any drug. Although there are state-to-state differences, DUI is commonly known as drunk driving. Despite laws and warnings against drunk driving, many motorists still take their chances. When you know you shouldn’t be driving when you’ve been drinking but still choose to do so anyway, you have to be ready for the potential consequences.
Depending on where you’re reading this from, the fines can be high. There are also court appearances, potential jail time, loss of driving privileges, probation, and legal fees to worry about. This could cause you to be frightened and confused if you get charged with DUI.
Taking the correct steps after your arrest can spell all the difference to your trial’s outcome. So, if you’re facing this predicament, this article should be your guide with this list of the top nine things you should do right after your DUI arrest.
1. Get A Ride Home
Depending on the circumstances and the state where you were arrested, you may be released immediately after being processed in the police station. However, in some states, spending one or two days in jail has become mandatory, even for first-time offenders. Nonetheless, you’ll need someone to pick you up at the station and process your bail. Police officers won’t let you go without someone driving you home.
Your license will also be suspended. This means, for the time being, you can’t drive a car. Don’t risk driving yourself home and adding another charge on top of what you’re already facing.
2. Take The Required Tests After The Arrest
Before arresting you on suspicion of DUI, the police will ask you to perform some preliminary sobriety tests. But since these pre-arrest tests are not required, you have the right to refuse.
However, certain tests after the arrest are mandatory. These are usually done at the police station. You also need to note that the procedure after being arrested for a DUI violation differs from one state to another. What’s important is to take the mandatory sobriety tests and refuse those that are not required.
These tests may include the following:
- Breath test. A breath test machine is different from a handheld breathalyzer, which is usually part of a roadside test. The crucial thing to remember while at the police station is that the officers are obliged to protect your rights. You have the right to have an attorney present before you take any test. However, you’ll also be informed that refusing to take the breath test may result in serious consequences such as a penalty or suspension of your driver’s license.
- Blood test. The blood test is usually considered a more reliable indicator of your blood alcohol level at the time of arrest than a breath test. The blood test is also used to show evidence of drugs or other substances in your system. The breath test can only detect alcohol.
- Urine test. Although not as common as the first two, the urine test is the likely alternative when other tests are not available. It is used to show traces of alcohol or drugs in your body.
3. Limit What You Say To The Police
Nothing you say to the police will change their minds. They’re doing their job according to the procedure. This means that once they arrest you for DUI, they have reason to do so.
Before you have an attorney by your side, you should keep quiet. Don’t give more information than you’re asked. The more you talk, the more you might hurt your case. If you feel the questions are too pressing, you can insist that your attorney be present before you speak.
4. Prioritize Your Court Date
Once you’re given the date of your court hearing, be sure to free up your schedule to ensure your presence. Otherwise, there could be adverse consequences for you.
This step also entails preparing for your court hearings. The amount of preparation will depend on how you plan to plead. For instance, if you plan to plead guilty, then you only need to bring the required paperwork and look your best.
But if you’re pleading not guilty, then you have to be well prepared when you appear in court. This means answering questions regarding the circumstances of your arrest. The more complicated your DUI charge is, such as when there are personal injuries involved, the longer and more stressful the court hearings will be.
5. Consult With An Experienced Attorney
Consulting with an experienced attorney is crucial in a DUI charge, especially if you intend to plead not guilty. Once your case goes to court, you need a legal practitioner to be on your side.
Once you find an experienced attorney you can trust to work with, you need to cooperate fully as he/she will be asking a lot of questions to properly assess your case. In addition, your attorney will be looking into certain technicalities including the following:
- Whether or not the stop was legal
- Whether or not the field sobriety tests were properly carried out
- Whether or not the police officers made any errors during the breath testing process
- Whether or not the blood test results are completely accurate
- Whether or not your Miranda rights were observed
Having an open line of communication with your attorney will ensure all your questions and concerns are answered. That way, you can make an informed decision every step of the way.
Even if you’re guilty of drunk driving, you are entitled to a fair day in court. It’s up to your lawyer to present your case and possibly bargain for a lesser penalty.
6. Locate A Bail Bondsman
Depending on the criminal procedure applicable in the state where you were arrested, the presence of a bail bondsman may be necessary before your release from jail or the police station. In fact, posting bail is almost always required after your arrest. This is where the aid of a bail bondsman is called for.
A bail bondsman usually requires a fee upfront. Once this fee is paid, bail will be posted for you. You might think that the bail is expensive. However, this can be cheaper than having to pay the full amount of bail set by the court.
The bail bondsman guarantees your presence during all the hearings. If for any reason, you’re absent during your hearing, the bail bondsman is going to come looking for you.
7. Record The Details Of What Happened
As soon as you’re able, make a record of the details surrounding your DUI arrest. Because as the days go by, you might forget some details. A detailed record will make it easier for you and your attorney to present your version of events to the judge hearing the case.
To get this done right, ask yourself the following questions:
- How did you first encounter the police?
- What reason did the police give for pulling you over?
- What did you say to the police?
- Were you asked by the police to make a statement before you were arrested?
- Did the police give you a choice as to what tests to take?
8. Make Transportation Arrangements
With the loss of your driving privileges, you need to make alternative transportation arrangements. In some states, the court could grant you a hardship license so you can drive yourself to work. If this isn’t available in your state, you’ll have to go for public transportation or rely on family and friends to drive you around.
9. Look Into SR-22 Insurance
An SR-22 is a certificate of financial responsibility. It proves your car insurance policy meets the state’s requirements on minimum liability coverage.
Although often called SR-22 insurance, it’s not a kind of insurance but a form you need to file with your state in case of a DUI conviction and other driving-related violations.
If your car insurance policy doesn’t meet the minimum liability coverage, then you need to upgrade your policy. Consequently, there will be a significant increase in your insurance rates. Your insurance premium will likely double or even triple.
Unfortunately, you have no choice in the matter because this insurance is required in most states before you can drive again after a DUI conviction. And you need to bear with this for at least three years.
Conclusion
With these practical pointers, you’ll know how to deal with your DUI arrest the right way. While your immediate future might get cloudy, it’s not the end of the world for you. For as long as you comply with the requirements, you can get your license back and resume your normal life as soon as possible.
Consider your DUI arrest as a wake-up call, an experience to remind you never to make the same mistake. Beyond DUI being a serious offense, it’s also a matter of safety—for yourself and others out there. Fines can be paid and penalties served, but lost lives can’t be replaced. Save the tips above in case you will need them. But remember that it’s always better to prevent such situations in the first place, if you can.