Most people understand the inherent risks of drinking and driving, and they deliberately avoid operating a vehicle under such circumstances. However, sometimes people make mistakes, underestimating their level of intoxication or committing errors in judgment despite knowing better.
What exactly happens after a person is arrested for drunk driving? And is there anything you can do to improve the situation?
Your Most Important Steps
If you’re ever arrested under suspicion of driving while intoxicated, driving under the influence of alcohol, or driving under conditions that are similarly illegal, there are several important steps you’ll need to take.
- Remain calm and polite. You should try to remain calm and polite at all times. This is a stressful and anxiety-inducing situation, but you need to be able to keep your emotions under control. Remaining calm and collected will allow you to think logically and critically, so you can make the best possible decisions from this moment forward. Additionally, being polite and respectful of police officers can make the process much smoother and help you avoid unnecessary trouble.
- Comply with lawful orders. Police officers will probably issue lawful orders related to your arrest. They may require you to hand over your driver’s license, or order you to present your hands for cuffing or fingerprinting. It’s always a good idea to comply with these lawful orders. Otherwise, you’ll invite more antagonism from officers, and potentially earn yourself a resisting arrest charge.
- Do not say more than necessary. Most people know they have a right to remain silent, but sometimes, they decide to waive that right. Instead, you should absolutely remain silent throughout this entire process. Don’t say more than is absolutely necessary, so you can avoid incriminating yourself and remain in the best possible position.
- Get a lawyer as soon as possible. Hiring a DUI lawyer is crucial if you want to contest, reduce, or mitigate the consequences of the charges you’re about to face. It’s also important if you want to make sure your rights are protected and that the correct process is followed throughout your arrest. Once you have a lawyer in place, consult them on everything and don’t speak to officers unless specifically directed by your lawyer. Insist on the lawyer until you get one, then keep your lawyer with you throughout the entire process.
What Happens After You’re Arrested for Drunk Driving?
You should understand that different states have different laws related to drinking and driving, and they may differ in terms of nomenclature, processes, penalties, and more. Still, after being arrested for drunk driving, you will probably encounter the following steps.
- A search. Depending on the context of the situation, Police officers may want to search your vehicle. Even if you don’t consent to a search, police can search your vehicle if they have probable cause, suspecting the vehicle contains important evidence related to a crime.
- Booking. After your arrest, you’ll be booked at the local police station. Here, police will gather important information on your identity, then put you in a local cell.
- License suspension. In many cases, police officers will take custody of your driver’s license and issue you a temporary permit that allows you to drive before a court decides whether your license will be suspended or not.
- Bail. If you can post bail, you can get out of jail until your hearing date.
- Formal proceedings. Before going to trial, you’ll have an opportunity to review evidence, build a case, make pleadings, and potentially agree to a plea bargain.
- Court. In many cases, the matter will be resolved at trial.
How to Contest a Drunk Driving Charge
Is there any way to contest a drunk driving charge?
The short answer is yes, and your lawyer can help you build strategy that includes one or more of the following:
- Challenging the facts. One option is to challenge the facts of your case, calling into question certain pieces of evidence. For example, you may be able to show that a field sobriety test or a breathalyzer test was unreliable.
- Challenging the process. You may also be able to challenge the process used against you, indicating legal or procedural mistakes.
- Presenting new evidence. You may also be able to present new evidence in your favor, such as witness testimony.
- Appealing the trial. In rare cases, you may be able to appeal your criminal case. This is only possible if there was a procedural or legal problem with your initial case.
Drunk driving looks a little different in every state, and the process varies from location to location. However, with the help of a good lawyer, you can better understand the charges against you, the process in your area, and the best ways to push back against the pending charges.