Understanding the Immediate Steps to Take After a DUI Arrest

Being arrested for driving under the influence (DUI) can be an overwhelming and distressing experience. However, it is crucial to approach the situation with a clear and informed mind to navigate the legal complexities that follow. Taking the right steps immediately after a DUI arrest can significantly influence the outcome of your case. This comprehensive guide outlines the essential actions you should take to protect your rights and prepare for the legal proceedings ahead.

Remain Calm and Cooperate with Law Enforcement

First and foremost after being pulled over and arrested for DUI: remain calm and cooperate with law enforcement officers. Your behavior during the arrest can impact how you are treated and may be noted in the police report, which can be used as evidence in court. Answer the officers’ questions politely but refrain from volunteering additional information that might incriminate you. Remember, you have the right to remain silent, and it is often best to exercise this right until you have consulted with an attorney.

Understand Your Rights and Responsibilities

Upon arrest, you should be informed of your rights, commonly known as Miranda rights. These include the right to remain silent and the right to an attorney. Understanding these rights is vital. You are not obligated to answer any questions without legal representation. It is also essential to comprehend your responsibilities, such as submitting to chemical tests like breathalyzers or blood tests, as refusal can lead to additional penalties — including license suspension.

Document the Details of the Arrest

As soon as you are able, document every detail you can remember about the arrest. This includes the time and location of the stop, the behavior and statements of the officers, the field sobriety tests administered, and any other relevant circumstances. This information can be crucial for your attorney when building your defense. Accurate and detailed documentation can help identify any procedural errors or violations of your rights that may work in your favor during the legal process.

Andrew D. Alpert

Founding Partner

Michael J. Schreyer

Founding Partner

Michael Berman

Attorney

Jason Miller

Attorney

Contact a DUI Attorney Immediately

One of the most critical steps you should take after a DUI arrest is to contact a qualified DUI attorney as soon as possible. Legal representation is essential in navigating the complexities of DUI laws and ensuring your rights are protected throughout the process. An experienced DUI attorney can provide invaluable guidance, from advising you on how to respond to law enforcement and prosecutors to developing a robust defense strategy tailored to your specific case.

Understand the Charges Against You

It is imperative to understand the charges you are facing and the potential consequences. A DUI charge can vary in severity, from a misdemeanor to a felony, depending on factors such as your blood alcohol content (BAC), whether it is a first-time or repeat offense, and if there were any aggravating circumstances like accidents or injuries. Your attorney will help you comprehend the specific charges and the legal ramifications, enabling you to make informed decisions regarding your defense.

Prepare for the Arraignment

The arraignment is the first formal court appearance after your arrest, where you will be officially informed of the charges against you and asked to enter a plea of guilty, not guilty, or no contest. An attorney will represent you during this hearing and will likely advise you to plead not guilty to allow time to build a strong defense. The arraignment also provides an opportunity to address bail and other conditions of release.

Attorneys Alpert, Berman, and their staff help guide those of us caught up in circumstances that are ultimately under our control … first, by pointing out how to regain some control, then by guiding us so we never have to deal with such situations again (using our own self-determination). I am very happy with my outcome. Andrew Alpert contributes to the field of knowledge and contemporary practice standards based on science. This team is definitely worth it! They worked closely with me, gave me honest and sensible advice, and they really secured a good outcome for me. Highly recommended.”

- Raja S

Comply with Court-Ordered Conditions

If you are released on bail or your own recognizance, it is crucial to comply with all court-ordered conditions. These may include attending all court dates, abstaining from alcohol, or participating in substance abuse programs. Failure to comply with these conditions can result in additional penalties and jeopardize your defense. Demonstrating responsibility and adherence to court orders can positively impact how the court views your case.

Gather Evidence and Witnesses

Working closely with your attorney, begin gathering evidence and identifying potential witnesses who can support your defense. This may include obtaining surveillance footage, medical records, and testimony to challenge the accuracy of the chemical tests or the legality of the traffic stop. Witnesses who can attest to your character and sobriety at the time of the arrest can also be valuable in court.

Explore Potential Defense Strategies

There are various defense strategies that your attorney may consider, depending on the specifics of your case. These can include challenging the legality of the traffic stop, questioning the accuracy of field sobriety and chemical tests, and highlighting procedural errors or violations of your rights during the arrest. Your attorney will work to identify the most effective strategy to achieve the best possible outcome for your case.

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Attend All Court Hearings

Attending all scheduled court hearings is essential. Failing to appear can result in a warrant for your arrest and additional charges. Your presence demonstrates your commitment to addressing the charges and can influence the court’s perception of you. Each hearing is an opportunity for your attorney to advocate on your behalf, negotiate with the prosecution, and work towards a favorable resolution.

Consider Pre-Trial Motions

Pre-trial motions are requests made to the court before the trial begins, seeking to resolve specific legal issues. These can include motions to suppress evidence obtained unlawfully or to dismiss the charges based on procedural errors. Your attorney will evaluate whether filing pre-trial motions is appropriate in your case and how they can impact the proceedings. Successful pre-trial motions can significantly strengthen your defense and potentially lead to a dismissal of charges.

Prepare for the Trial

If your case proceeds to trial, thorough preparation is crucial. This involves reviewing all evidence, rehearsing witness testimonies, and refining your defense strategy. Your attorney will guide you through this process, ensuring that you are well-prepared to present your case effectively. Understanding the trial process and knowing what to expect can help alleviate anxiety and enable you to participate actively in your defense.

Verdicts & Settlements

DUI

All Charges Dropped

Found in his parked car with a friend and some open bottles, our client was facing a fourth DUI offense, along with 3 years of prison time and 2 more for probation violation. We didn’t back down in court, and the state dropped all charges after a short recess. Our client did not receive jail time, points, or probation – and he only paid a $50 fine.

DUI

Probationary Deal on a Second Offense

Our client had a .18 BAC in a notoriously heavy-handed jurisdiction, Harford County, where people can easily do 60 days active time on a second offense. Our firm negotiated a plea deal for our client that achieved no conviction, no points, and no jail. The Judge was incredibly impressed with the mitigation package we presented on behalf of client, who was very pleased with the results.

DUI

No Jail Sentence

Our firm secured a no-jail sentence for our client from a very tough Judge in Frederick County. Our client blew a .20 on a third offense, and the prosecutor was asking for active jail time. The Judge said the mitigation package we devised for the client made all the difference and led him to ignore the prosecutor’s jail recommendation in favor of just probation.

DUI

Charge Reduced

One of our DUI clients was facing up to 1 year in jail if convicted, plus $1000 in fines, 12 points on her driving record, and 3 years of supervised probation. By negotiating with the prosecution, we were able to secure a much better result. Our client did not receive a conviction, points, or jail time – instead, she paid only a few hundred dollars and received 1 year of unsupervised probation.

DUI

Not Guilty

After his fifth DUI charge, our client was facing up to 3 years in prison for a conviction. By showing that the field sobriety test result was affected by the client’s disability, our defense attorneys were able to secure a “not guilty” verdict on all counts, after the jury deliberated for only 12 minutes.

DUI

Probationary Deal on 6th Offense

After being arrested for their sixth DUI, our client faced 3 years in jail, up to $3,000 in fines, and a system inclined to award maximum penalties to repeat offenders. Our team managed to secure a probationary deal with no jail time for this client.

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Evaluate Plea Bargain Options

In some cases, the prosecution may offer a plea bargain, where you agree to plead guilty to a lesser charge in exchange for reduced penalties. Your attorney will help you evaluate the pros and cons of accepting a plea bargain versus proceeding to trial. While a plea bargain can result in a quicker resolution and lesser penalties, it also involves admitting guilt to a charge. Consider all factors carefully and make an informed decision with your attorney’s guidance.

Prepare for Sentencing

If you are found guilty or accept a plea bargain, the next step is sentencing, where the court determines the penalties you will face. Sentencing can include fines, probation, community service, alcohol education programs, and imprisonment. Your attorney can present mitigating factors, such as your willingness to participate in rehabilitation programs or your lack of prior criminal history, to advocate for a more lenient sentence. Being prepared for this phase can help you understand and potentially reduce the impact of the penalties.

Consider Post-Conviction Options

After sentencing, there are still options available to you. These can include filing an appeal, seeking a sentence reduction, or requesting expungement of your record in the future. Your attorney will explain the post-conviction options available in your jurisdiction and help you determine the best course of action based on your circumstances. Understanding these options can provide hope and direction even after a conviction.

Reflect on Lifestyle Changes

A DUI arrest can be a life-altering experience, prompting you to reflect on your behavior and make necessary lifestyle changes. This can include addressing any underlying substance abuse issues, adopting healthier habits, and seeking support from counseling or support groups. Making positive changes can demonstrate to the court and your community that you are taking responsibility for your actions and are committed to preventing future incidents.

Stay Informed and Engaged

Throughout the legal process, it is important to stay informed and engaged with your case. Regularly communicate with your attorney, attend all meetings and hearings, and follow their advice diligently. Staying proactive and informed allows you to make the best decisions and increases the likelihood of a favorable outcome. Your active participation is vital in navigating the complexities of a DUI case effectively.

Defending Your Rights

Facing a DUI arrest can be a daunting and confusing experience. At Alpert Schreyer, LLC, we understand the challenges and complexities involved in DUI cases. Our team of dedicated attorneys is committed to providing you with the support and legal representation you need to navigate this difficult time. With our extensive experience and deep understanding of DUI laws, we are here to protect your rights and work towards the best possible outcome for your case. Do not face this situation alone. 

Contact Alpert Schreyer, LLC today for a consultation and let us guide you through the legal process with confidence and experience.