Many people who end up coming to a DUI attorney have no idea of what to expect in the event that they are arrested for a DUI. People who have had no run-ins or experience with law enforcement simply do not understand how the process works, and more importantly, how it is designed to work.
One of the critical elements of representing somebody as their attorney is to make sure that they do not do or say something that can be construed as guilt and used against them in a court of law. With a DUI, typically the law enforcement officials, and hence the prosecutor, have ample amount of evidence to proceed with the case.
The job of the defense attorney is then to mitigate that evidence and also to present an alternative story that can help to get the defendant off of the charges. In many cases, it is far better to propose a plea bargain because the prosecutors are typically very busy, and if it is a simple DUI, may be willing to drop it.
As with most cases, a DUI case typically begins with a stop by a police officer. Sometimes, the stop can happen at a checkpoint. Once an officer stops a vehicle and determines that there is reasonable suspicion to believe that the person has been drinking, the officer can then ask the person to perform a sobriety test or a breathalyzer. This is not a time to panic, rather it is the best time to simply cooperate with the officers and hence avoid any kind of confrontation that can result in additional charges.
If a person has been drinking and driving, has been stopped by a police officer, and the officer has reasonable suspicion to believe that the person is driving under the influence, at that point, there is a high likelihood that the driver is going to be placed under arrest. Failing to comply with the officer's commands at this junction could be construed as resisting arrest and this is not a good thing.
Instead, the driver's best option is to comply fully, and as soon as possible reach out to a DUI attorney for adequate representation.
As soon as the driver has been charged with DUI and taken to the station where they will be booked and charged with driving under the influence of alcohol, they should have the opportunity to make a phone call. This phone call should be to a DUI attorney. The faster an attorney can get on the scene and take control of the case, the better the likelihood that the driver will face lower charges, or the charges may be dismissed altogether.
Delaying getting an attorney involved is simply the worst course of action. We highly recommend calling your attorney at the earliest possible opportunity, explaining the situation to them and saying nothing to anyone until they can take charge.
Get help with your case by calling our office and scheduling a consultation.
Note: This is for information purposes only and does not constitute legal advice.