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What To Do After a DUI?

SO I JUST GOT ARRESTED FOR A DUI. WHAT DO I DO NEXT?

This should be your first move. Most DUI Attorneys provide at least 30 minutes for FREE CONSULTATION. It’s in your best interest to call and find out your options. It won’t hurt to hear more information, and there is no cost on your end. For free phone advice, call 800.943.8310.

 

A DUI can be fought in court, and at the DMV. If you want to get the best possible advice and outcome, you must get a good attorney. In certain circumstances, they can even prevent the charge from being filed at all.

A hearing must be requested within ten (10) days of your arrest, otherwise your license will automatically be suspended after 30 days. When someone is arrested for a DUI, not only do you have to defend yourself at court, you also have to defend yourself at the DMV. These are two totally different fronts you have to fight. You may contact the DMV and request a hearing or a DUI attorney will contact the DMV Drivers Safety Office on your behalf. A hearing will be requested, and a hold of suspension will be placed on your drivers license.

 

BUYER BEWARE: When you arrested for a DUI, you have to defend yourself at BOTH court and the DMV (2 different courts). A good DUI attorney will handle BOTH your court and your DMV appearances. Beware of bargain-basement or less experienced DUI attorneys who only handle the court part and neglect to tell you about the responsibilities on the DMV side.

A first offense DUI may have a substantial impact on a person’s career and personal lives. The stigma associated with a criminal conviction can affect a person in many ways, and will remain on their record unless expunged. A prior DUI within 10 years will increase the potential consequences you face both in court and at the DMV. You face a mandatory minimum jail time requirement in court, and a one year driver license suspension in the DMV. Why did you get stopped? (Choose from the following checkpoint, weaving, speeding, other)

An officer must have an “objective reasonable suspicion” in order to stop you. If the stop is improper, a good attorney will argue a suppression motion. Your attorney will fight to prove the stop was wrong and to therefore not allow the investigation that occurred after the stop, into evidence. If the motion is granted by the judge, you should get the case dismissed because the prosecutor will be unable to proceed. Here’s more information on first DUI, second DUI, third DUI, fourth DUI and felony DUI.

Need quick, free advice about DUIs? Email an attorney a question at info@mironerlaw.com with the subject line: DUI Question

Most people tend to make admissions to officers, and it is human nature to under estimate to the officer how much someone actually drank, or when they last drank. It is very important to be truthful with your attorney regarding the amount of alcohol you consumed, how you consumed it (quickly, over a long period of time, with food, etc). It is confidential information between you and your attorney and this information is necessary to prepare your best defense.

There are only 3 field sobriety tests that are ‘standardized’. This means that only 3 have been studied and researched as valid by the National Highway Traffic Safety Administration. The Horizontal Gaze Nystagmus (HGN), One Leg Stand (OLS), and the Walk and Turn test (W+T). A good attorney can point out both the officer’s lack of knowledge in properly performing these tests, and also explain the weaknesses and the validity of these tests. Many individuals, who have not consumed any alcohol, may perform these tests poorly based on their own physical inability.

A ‘PAS’ device is a preliminary alcohol screening breathalyzer. These results can have a substantial impact on your case. Even though these results are not intended for their accuracy, they are commonly used for that purpose. A good attorney can utilize these results in various ways in preparing your best defense.

If you had a chemical test result that was above a 0.08%, this does not necessarily mean you were actually above 0.08% at the time of driving. A good attorney will explain the various reasons why this statement is true. There are several scientific facts that explain how all people are different, yet all breathalyzers assume that we are all created exactly the same. Furthermore, breathalyzers have a large margin of error, which are considered acceptable by their agency’s requirements, even though a prosecutor must prove the results are precise beyond a reasonable doubt. If they marked you as a refusal, the officer had to warn you that you must submit to a breath/blood test, otherwise you couldn’t have knowingly and intelligently refused. A good attorney will request any video or audio recordings they may have had at the scene or at the station, and possibly have you testify at the DMV hearing.

You have now completed many of the important questions that a trained DUI attorney will ask you. If you’d like to submit your responses for a FREE and immediate consultation or have more questions, please feel free to call 800.943.8310 or complete the information below.