What to Do After a DUI Arrest
Especially for first-time offenders, being arrested and charged with a DUI, or Driving Under The Influence, can be intimidating and overwhelming.
At no point is it not somewhat distressing, from the initial stop and questioning by police to the potential court proceedings to follow. The more you know about what to expect and where you can find help for your case, the better off you will be.
If you are at risk of a DUI conviction and have been arrested for impaired driving, legal representation at Costa Law Firm can help. A DUI lawyer can assist you in navigating your way through the process and subsequently protect your legal rights, employment, financial status, and personal life.
Here is everything you need to know about what to do after a DUI arrest.
What Is a DUI Arrest?
A DUI arrest refers to an individual operating a motor vehicle while the consumption of alcohol, drugs, or a combination has impaired the operator.
Most people associate a DUI strictly with alcohol but it can include any substance that causes an impairment, including legally acquired prescription drugs and over-the-counter medications.
When it is drunk driving, typically the measurement for a blood alcohol concentration level to charge someone with a DUI is 0.08 percent (80 mg of alcohol per 100 ml of blood) and above. This is the legal limit at which time you are considered impaired.
The DUI Arrest Process
For the unprepared, the DUI arrest process is fast, complex, and carries with it long-term implications for impaired drivers.
Initial Police Interaction and Reasons for Arrest
A DUI arrest begins with a traffic stop. They will ask for your driver’s licence and registration.
If an officer suspects impaired driving or observes signs of impairment during the traffic stop – such as slurred speech, red eyes, or the smell of alcohol – they may suspect you’ve been Driving Under The Influence.
Roadside Screening Procedures for Alcohol and Drugs
A police officer will typically ask a person to exit their motor vehicle and perform a series of field sobriety tests to assess a driver’s level of impairment. These are standardized examinations to use as a starting point to essentially advise the officer if DUI charges are likely. They might include basic tests, such as the horizontal gaze nystagmus test, the walk-and-turn, and the one-leg stand test.
From there, an officer may request a Breathalyzer test or a chemical test to determine blood alcohol content.
If you fail these tests or refuse to take them, it typically results in DUI charges being applied. At that time, you will be transported to the police station for booking and processing.
Post-Arrest DUI Police Station Procedures
Following a DUI arrest, you can expect to be taken to the police station by law enforcement officers to have your photograph taken, personal information recorded, personal belongings surrendered and put into storage, and fingerprints taken. Your arrest is then officially recorded.
After you are booked, you may have a chance to post bail, unless it is a repeat offense, if there are outstanding warrants, or if there’s been an injury or death relating to the DUI offense.
Do not wait to contact a DUI lawyer to make an attempt to lower the bail amount and increase your chances of release.
Consequences of a DUI Conviction
If you are convicted of DUI driving, you can expect a number of negative personal and legal consequences to unfold.
Immediate Penalties Upon Arrest
The immediate penalties upon a DUI arrest vary depending on the circumstances but may include suspension of your driver’s licence, an arrangement for legal proceedings, a potential order for attendance at mandatory alcohol education programs, possible community service, and possible jail time.
If another motor vehicle was involved or if there were aggravating factors, the potential consequences are more serious.
Long-Term Consequences of a DUI Conviction
A DUI conviction establishes a criminal history and there are some real negative consequences that come with that.
Your driving privileges may be revoked for a time, leading to transportation difficulties.
Potential employers will typically run a background check on any hires. Yours will turn up criminal charges and your DUI offence, and they may opt not to hire you because of it. Many people report a significant impact on their professional life.
If you try to travel internationally, entering a foreign country may prove to be either very difficult or impossible with criminal charges on your record.
Furthermore, if there is jail time involved, this creates an entire other level of severe penalties for your personal and professional life.
What to Do Immediately After a DUI Arrest
When a DUI arrest is in progress, it’s key to know your rights.
- You may choose to remain silent to avoid self-incrimination.
- You may refuse to perform field sobriety tests, though this may lead to automatic DUI charges.
- You have the right to contact a DUI lawyer as soon as possible following an arrest.
A part of a DUI lawyer’s job will be to see if your rights were violated at any time during the arrest or booking. If they can prove your rights were indeed violated, it could invalidate the charges against you. For example, a police officer needs a valid reason to stop you. If there is no probable cause, they stopped you illegally and the case cannot proceed. Police officers also need to have properly administered the field sobriety tests.
There is lots of room to challenge the arrest and the evidence presented by the police, with the right DUI lawyer at your side.
Importance of Hiring a DUI Lawyer
A DUI lawyer is central to ensuring your rights are respected and that you launch your best defense.
They can provide guidance whether you are a first-time offender, repeat offender, and/or if there are additional charges that apply.
Do not wait to seek out legal representation following a DUI arrest. They can immediately start to examine the details of your arrest, challenge inconsistencies or procedural errors, and potentially reduce your charges or immediate penalties then and there.
Your legal representation when you are arrested for DUI charges is your best advocate.
The Role of a Lawyer in Fighting DUI Charges
An experienced lawyer handling DUI cases will want to ensure you comprehend the severity of the situation, prepare you for the potential punishments and legal consequences to come, and build the best defense to fight the charges.
Your DUI lawyer will explain to you the potential penalties and potential sentences in an effort to determine what your preferred strategy will be.
Your DUI defence will be built around the unique circumstances of your DUI. All potential defenses will be evaluated. We will review the report from the arresting officer, the results of any roadside screening device, determine if there really was a drug impairment, potentially request testimony from drug recognition experts, examine past criminal convictions if you have any attached to your record, and more.
We will use the legal process effectively to present your case in the right light and achieve the best outcome possible.
Conclusion
If you are facing DUI charges, receive a consultation from the legal experts at Costa Law Firm.
We can advise you on your unique situation, examine the facts, and move forward from there. We come with the experience of having represented hundreds of clients in court, arguing on their behalf at bond hearings, negotiating plea deals, and are accustomed to searching for ways to reduce sentences or reduce charges.
With our legal team with you, you can surrender the confusion and chaos of a DUI and protect your rights.
CAUTIONARY WARNING: these writings are intended by Costa Law Firm Professional Corporation to serve strictly for promotional purposes and are not to be considered to be legal advice to the reader’s particular situation – ALWAYS actively consult directly and exchange particular information with a licensed lawyer or paralegal as appropriate in the circumstances.
David Costa
Dir.(416)788-6329
