Getting on the wrong side of the law and being accused of a DUI is not something anyone wants to go through. Whether you are innocent or guilty, a DUI can be a serious problem to your life, your work, and your wellbeing. If you are going through this experience yourself, or you’re gathering information for a friend, or maybe you just want to know for peace of mind, we have put this list together so you know the things you need to do if you are accused of DUI.
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Use Your Right To Remain Silent
Speaking to the police without a lawyer is not advisable. If you are arrested by police, there is nothing you can say at that time to change their minds, and as they say, anything you do say can be used as evidence against you. It doesn’t matter if you have an alibi or strong evidence for your innocence. Stay calm and stay quiet, wait until you have been processed and you are at the police station where you will be able to contact your lawyer. Waiting for your legal representation is the safest thing you can do to prevent incriminating yourself.
Consult an experienced DUI expert
You may have an attorney already or you may accept the legal representation offered to you. You can also contact an experienced DUI attorney for a more thorough consultation. Most DUI attorneys will offer consultations to people accused of DUI free of charge. The consultations are completely confidential and they can offer you the best advice available to help you make the right decision regarding the accusations against you.
Contact the DMV
In the case of a DUI arrest, there may be two types of criminal proceedings. The criminal case and the DMV administrative case. In a criminal case, it could take up to a year for the prosecutor to file charges. However, in the case of the DMV, you only have 10 days to request a hearing. If you fail to request a hearing within 10 days from the date of request, your license will be suspended. On your release from jail, the police will issue you with a pink temporary license, this will have the phone number for the DMV. Call as soon as possible to request a hearing.
Record The Details Of The Incident
There is a lot of information that could be used against you or you can use to prove your innocence. Recording the details of your arrest could be key to gathering the evidence you need to win your case in court. Whatever method suits you, detail everything you can remember about the incident. You should remember anything you said to the police and what happened when you encountered them. Record carefully details such as if you were pulled over and if the police gave you a reason why they pulled you over. If you took a field sobriety test, you should record the result and the type of test you took. Take note of what happened after you were arrested and upon arrival at the police station, if you made a statement, try to record as much of what you said as possible. All this will help your attorney build your case and can lead to further investigations into the incident.
Gather Evidence And Find Witnesses
As part of your recording of the details of the event, you should identify where you were before the arrest and where you were going. You can make a list of the people that were there as potential witnesses and your attorney can contact them to see if they have any information that may help your case. Often the police will not investigate after a misdemeanor DUI arrest as they may assume they have all the evidence they need to convict you. Finding witnesses that can testify on your behalf could be a big help in proving your innocence.
Gathering evidence is also important to your defense. If you were at a bar or restaurant prior to the arrest, you may be able to show a bill of what you ordered, or there may be surveillance footage proving that you were not drinking alcohol. Any evidence that corroborates with your story will be helpful. Make sure to only share this evidence with your attorney and let them formulate the case.
Private Attorney or Public Defender
There are a few things to consider when choosing between a private attorney and a public defender. The financial consideration when hiring a private attorney is very real, and you will be appointed a public defender if you can not afford the few for the attorney. However, if the case does not go your way, you could be paying a lot more in fines or even jail time. There are many excellent attorneys that work in public defender offices, however, they have a high turnover of cases and may not be able to give the attention you require. Hiring a private attorney could be an investment rather than a cost. If it is difficult for you to be present at all of the court hearings, a private attorney will be able to represent you in misdemeanor cases, if a long travel time or missing days from work is a concern, this could be another consideration between public and private defense.
Patience
Any criminal proceedings can be a drawn-out process, and DUI cases are no different. Be prepared to be involved with the case for upwards of a year. There may be several motions to obtain more evidence or suppress evidence that can prolong proceedings and your attorney will need the due time to receive and review all the evidence before you go to trial. Being impatient will not do your trial any favors, remain calm throughout and trust in the actions of your attorney.
Being involved in a DUI arrest can be stressful and costly, however, you should make sure you have the best representation possible and you build the strongest case in your favor. Your decisions could mean the difference between your freedom and your incarceration, your case could be dismissed or it could be something that follows you for the rest of your days. Always remain calm and follow the steps on this list to give yourself the best chance in your DUI case.
