Navigating the aftermath of a DUI arrest can be tricky. A DUI is a serious charge and there is a wide range of punishments and fines that can be doled out. It’s important to note that the consequences and approach to dealing with the aftermath of a DUI arrest will vary by state. It is always best to speak to an attorney before making any decisions. However, there are a few standard processes that most people will go through. Let’s take a look at what you can do in the aftermath of your DUI arrest.
1: Understand the Process: Arraignment, Pretrial Conference, and Trial
The process for a DUI arrest varies by state but typically includes the following three things: arraignment, pretrial conference, and trial. Most DUIs are misdemeanor offenses, which follow this procedure. The arraignment is the first court appearance that you will make. This is where you will enter your plea regarding your charge and you will want a lawyer who knows your case to be there as your representative. During this part of the process, you will get the formal complaint against you as well as the evidence against you. Sometimes bail will also be set here.
The pretrial conference is where the prosecution meets with your attorney to review all of the evidence that they have against you. This is also where you may see a reduction of the charges or even a dismissal of them. This is the time when both parties will file motions and move between multiple outcomes. Most of the time a plea bargain will be made during this part of the process and you will not go to trial. However, if you are a repeat offender, you may be unable to get a good plea deal and head to trial. A trial involves a full court procedure with witnesses and questioning in front of a judge.
2: Request a DMV Hearing
You need to request a DMV hearing no more than 10 days after your arrest. The DMV portion of prosecuting is separate from your criminal court proceedings. A DMV hearing determines whether or not you can continue to drive. The pink temporary license that you received after being arrested does expire and your license will be suspended if you do not request a DMV hearing. Your attorney can go with you to the hearing but we recommend requesting it immediately, even before you have lined up representation.
3: Write Down What Happened
This may seem self-explanatory, but many people forget that their memory won’t stay sharp for weeks or even months after the incident. It is best to write everything down, with as much detail as you can remember, as soon as you are sober. Think about the sights, the smells, the location, the people there, and anything else that you think is important. Where were you before the accident? Where did you go after? Where did you drink the alcohol? When was the last time you had alcohol before this incident? Share this full write-up with your attorney and keep a copy for yourself.
4: Remove Social Media and Find Witnesses
After your DUI arrest, you need to private your social media accounts or delete them entirely. Make sure that you remove followers that you do not know well. This may seem drastic to you but the prosecution is going to look for anything that they can to point to poor character. Fun party photos, drinking photos, and even a crazy “look” in a photo can all be used against you. It’s best to make sure that the prosecution cannot get access to your photos and cannot get any more information about you online.
Taking these steps will help you prepare for your court case and the consequences of your DUI arrest. Remember, it’s important to take all of this information and share it with a good attorney. Find someone that you trust and that is qualified to walk you through the process. Working with someone who routinely represents DUI cases is best.
