What to do After a DUI Arrest
Hire DUI Attorney ASAP – Timing is crucial
Being charged with driving while under the influence is no laughing matter. A person who is convicted of drink driving and/or DUI marijuana or drugs will spend time in jail and have his or her license revoked for anywhere from three months to a year. What is more, such an individual will have a criminal record that will follow him or her for life, making it difficult to get into a good college or university and/or find a good job.
While Colorado DUI DWAI laws are quite strict (New BAC law is .05), a person who has been charged with drunk driving (Alcohol or drugs) can have the charges dropped or significantly reduced with the assistance of a competent, experienced attorney. A good Denver DUI attorney can help a person get out of jail, obtain a temporary license and either negotiate a plea deal or get all charges dropped.
There are various strategies that good DUI lawyers use in order to get the state to drop all charges. First of all, a good lawyer will find out why a client was stopped in the first place. The police officer that made the arrest must have a valid reason for stopping a driver; without a valid reason, the DUI evidence will be suppressed and all charges will be dropped.
A lawyer will also find out more about the officer that made the arrest. If the officer’s actions were questionable and/or he or she has a questionable record, this can also be grounds for having charges dropped. A good lawyer will also find out about the BAC (Blood Alcohol Content) testing equipment used at the scene, as evidence gathered using old or faulty equipment can also be declared invalid.
If all else fails, then the DUI defense attorney will work out a favorable plea bargain agreement. Such an agreement can enable a person to get his or her driving license back sooner than would have otherwise been possible. It can also reduce or even eliminate the amount of time that a person has to spend in jail.
What to do After a DUI Arrest
Being arrested for driving while under the influence can be scary. Unfortunately, many people do not know what to do and so often do or say things that make their situation worse. Following is a list of five things that a person should always do after being arrested for drunk driving or DUI marijuana or drugs.
First of all, a person should avoid speaking with the police, relatives or friends about the case. Anything that a defendant says can be used against him or her in court. Additionally, a defendant will also want to avoid saying anything about the case on his or her social media account. The Internet is far from being private and it is all too easy for a comment to be misused against the person who made it.
Next, a person should hire a competent, experienced Denver DUI attorney as soon as possible. This does not mean that a person should hire the first attorney he or she can find. It is important to do some research beforehand and make sure the attorney in question is competent, experienced and has the time and capabilities to take on the case. This is particularly important for those who have already been convicted of Colorado DUI charges in the past and/or are facing charges related to the DUI case, i.e. destruction of property, hit and run charges, manslaughter, etc.)
A person who has had his or her license taken away when arrested should apply for a temporary driving license as soon as possible. Furthermore, one should request a hearing at the Motor Vehicle Department within seven days of being arrested. Failure to request such as hearing will result in a person losing his or her ability to drive for an extended period of time.
It is imperative for a person to request that the officer that made the DUI arrest be present for the motor vehicle hearing. Having the officer present enables the defendant and his or her attorney to learn more about the case and find grounds for having it dismissed. Furthermore, if the officer was requested to come and fails to appear, then the charges are dismissed and a person can automatically get his or her driving license back.
One final thing that a person should do is have patience. Because the effects of a DUI charge or conviction are serious, many people take a prosecuting attorney’s first plea bargain offer. Generally speaking, this offer is not favorable to the defendant and can result in a person losing the opportunity to have the case thrown out on constitutional grounds. Instead of taking up a D.A.’s first plea bargain offer, a person should let his or her defense attorney look over the case in depth. A good attorney can either get all charges dismissed or, if need be, help a person get a favorable plea bargain deal.
What NOT to Do After a DUI Arrest
There are some things that a person should never do after being charged with DUI. To start with, a person pulled over for DUI should never refuse a BAC test. A person who refuses such a test will automatically have his or her license suspended.
Next, a person should obey the law, no matter how unfair or inconvenient it may seem. Driving with a suspended license will result in additional jail time. Furthermore, a person could lose his or her license for an extended period of time.
A DUI arrest is not a light matter; however, it does not have to automatically result in a guilty verdict, severe sentence and a lifelong criminal record. A person who is charged with breaking Colorado’s DUI DWAI laws can hire a competent attorney and refute charges at a Motor Vehicle Department hearing and in court. While getting good legal help does cost money, it is more than worth it, as it enables a person to get his or her life back and be free from the negative effects of a DUI guilty verdict.
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The information on the Denver DUI Attorney website is offered to provide general information only about DUI & criminal defense cases and is not intended as legal advice. Visitors understand that the website experience does not create an attorney-client relationship. Descriptions of cases the firm’s criminal defense lawyers have handled successfully are not intended to imply any guarantee of success regarding your potential criminal defense case, because every case is different, and all statements relating to the likelihood of success are statements of professional opinion only. Use of this website doesn’t not constitute a correspondence between the website user and the firm.
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