Arrested for DUI? Here’s What You Need to Know About the Process

Getting arrested for drunk driving is intimidating. You're driving yourself home, and before you know it, you’re in handcuffs.

But before you start to panic, take a deep breath.

If the police arrest you for DUI, you have legal options that can get you off the hook or at least reduce the legal ramifications of the situation.

Picture this: You're driving and catch sight of blinking lights in your rearview. Maybe you were driving too fast or one of your taillights is out and you didn’t notice, but the police did. They pull you over and the officer approaches your window to question you—your nerves start to stand on end as you realize you might have had one too many.

“Good evening sir, we pulled you over because you were driving over the center line. Have you been drinking tonight?”

There’s only one right answer—“No officer.”

If you say you “had a glass of wine with dinner” that’s it—it’s over, and the officer will start collecting evidence to prove a DUI. They’ll ask you to step out of the vehicle and do a field sobriety test or breathalyzer to prove yourself.

Sounds simple, right? Wrong.

Maybe you're nervous. Maybe the floor is uneven. Maybe you're just terrible at balancing on one foot. Any small miscalculation on your part is sufficient to make you seem impaired, even if you aren’t.

Then comes the breathalyzer, and before you know it, handcuffs, and you’re heading to the station for booking. Guess what? Breathalyzers have their limitations. They must be calibrated. And small calibration mistakes produce faulty readings. And that's where an attorney comes in.

After your arrest the police take you to the station for processing where they’ll book you, take mug shots and fingerprints, and fill out the necessary forms and charge sheet. If you weren’t involved in an accident and no one was hurt, you can usually post bail, but if there were extenuating circumstances involved, you could sit in holding until your court appearance.

You might have to pay heavy fines, have your license suspended, and you run the risk of your insurer upping your monthly premium. Depending on the court and the judge, you could end up forced into attending reeducation programs.

The sentence the court hands out depends on your blood alcohol content (BAC) at the time of your arrest and if you caused an accident—especially if you injured someone else in a drunk driving accident.

Here’s the good news: Having a good legal defense makes all the difference. An experienced drunk driving attorney knows what to do to challenge the case against you.

Was it a flawed traffic stop? That weakens the prosecutor’s case. The police must have a valid reason to stop you. If they did not, your case may be dismissed.

Faulty breathalyzer? This brings the evidence against you into doubt. If the breathalyzer is poorly calibrated or poorly serviced, BAC readings may fail to stand up in court.

Inaccurate field sobriety test? If the officer conducted them inappropriately, that’s a red flag.

Violation of your rights? There’s a good chance for the possible dismissal of your case. If law enforcement didn’t follow procedure, your civil liberties may have been violated.

Handling a DUI isn’t as harrowing on your nerves as you think. Just follow these four steps and you’ll set yourself up for the best defense and legal outcome.

Step #1 – Write Down Everything that Happened

As soon as possible, take notes on any details you remember. Where were you? What did the officer say? What testing did they do? The more detail you add, the better it is for your case.

Step #2 – Avoid Referring to Your Case

Keep it to yourself—don’t start talking about your case to friends and family on Facebook and social media. The prosecutor can easily access this information and use it against you at trial.

Step #3 – Request for DMV Hearing

In many states, you only have a few days to request a hearing to defend yourself and keep your license.

Step #4 – Hire an Attorney Now

The sooner you retain legal representation, the better. An attorney can guide you through the process, save you from incurring expensive mistakes, and start building your case immediately.

There’s a lot of misinformation on arrests for driving under the influence.

Myth #1 – You Can’t Challenge a DUI Charge

Wrong. Many have their DUI charges dismissed on account of faulty breathalyzers, poor police procedure, or insufficient evidence.

Myth #2 – Refusal to Take a Breathalyzer Will Keep You from Being Convicted

Not true. Refusal to undergo breath testing may lead to harsher repercussions against you, including automatic license suspension.

Myth #3 – Having a First-Time DUI is No Big Thing

Think again. Even for someone who's never driven under the influence before, there's a fine, suspension of license, and a permanent record.

Myth #4 – If You Were Above the Limit, You Don't Have Any Defense

Not necessarily. There are various ways to challenge BAC readings, including challenging how the test is administered and whether the equipment was properly maintained leading up to your arrest.

Being arrested for DUI is intimidating and many people find themselves petrified at the thought of being charged and losing their license. If you’re charged and convicted of a DUI, it could affect your life, making it hard to find a job or a place to stay.

At our law office—you're never ever just a case number. We jump in, reviewing every detail to build your case.

We’ll review your case and represent you in court proceedings. With our qualified and experienced attorneys, you have the best chance of getting the charges dropped or a reduced sentence.

Reach out to our office today, and we’ll arrange a consultation to discuss your case.