People make mistakes. Maybe you drove home after a party when you really shouldn’t have. You got pulled over by the police for driving erratically, for being in a crash, or maybe even just violating a minor traffic law, and, as a result, you were arrested for driving under the influence.
After a DUI arrest, what should you do? To help you deal with the BMV and assist you in your criminal DUI case, we put together a list of things we recommend any person with such charges should do after their release from custody. One of the most important steps you can take following a DUI arrest is contact a lawyer with experience in DUI cases in Indiana.
Here’s the complete list of what to do, and not to do, following a DUI arrest.
Do Not Confer with Law Enforcement after a DUI arrest
Do not talk to anyone about your DUI case without your lawyer present – especially the police. Simply but respectfully tell anyone who tries to talk to you that you must have your lawyer present to confer with before answering any questions. That being said, do be sure to provide the minimal information necessary to identify yourself, and to provide consent to the blood draw or certified breathalyzer test the officer requests you to take, as refusing to do so will trigger a mandatory one year suspension of your driving privileges under Indiana Law.
Do Contact the BMV
You’re going to have to deal with the BMV anyway, so you might as well get the process started by contacting them following your DUI arrest – after you talk to your DUI lawyer, of course. It is essential you contact and speak with a lawyer about hiring them to represent you in your case before ten days after your initial hearing passes. Otherwise, your license may be suspended if the State provides the Court with probable cause evidence to show you were intoxicated in the alleged incident by blood draw or certified breathalyzer results. In addition, if you refused the blood draw or certified breathalyzer test offered during the stop, it is essential that you speak with a criminal defense attorney before your initial hearing as there are certain steps a lawyer can take on your behalf to get an alcohol monitor installed in your vehicle to keep your license from being suspended.
Keep a Record of Everything that Occurred
As close to the time of your initial arrest as possible, physically record any and all details that you can recall from the incident, and save them on your phone, a piece of paper, a Word Document – anywhere you can. Don’t skip a single detail. Record things like how your involvement with the police that day started, what the police said, what you said to the police, the process gone through by the officer who arrested you from beginning to end – everything. A step-by-step, thorough record of how the incident occurred will best enable the lawyer you hire to examine the State’s evidence for any possible constitutional violations that may have occurred during the process of your arrest.
Gather Together Any Evidence and/or Witness Information that Pertains to Your Case
Any evidence or witnesses that can help your case need to be gathered so your attorney can best evaluate the potential resolutions possible in your case. If there were cameras on buildings overlooking the scene of where the stop and arrest happened, you should reach out to those businesses or individuals as soon as possible either on your own or through your lawyer (if you are able to hire immediately) to ensure evidence is preserved. Reaching out to preserve evidence can include talking to employees at the restaurant you were dining at to get their names and contact information, requesting video footage from the bar you were drinking at, speaking to friends you were drinking with about what they witnessed of you that night, speaking with anyone who saw the accident occur (if you were in one), locating video footage that show the accident happening, and more.
Steer Clear of Trouble
To defend your case, and negotiate with the Deputy Prosecutor who gets assigned to your case, it’s easier for your attorney to keep the best possible resolutions open to you in the negotiations if you stay out of trouble. When it comes to the judge and the sentence they will hand down, a clean record following your DUI arrest makes a significant difference. Always follow the orders of the judge and the advice of your attorney.
Patience Is a Virtue in Resolving DUI Cases
DUI case resolution takes a while. For your case to be completely resolved, it can take a year or more. Your lawyer needs to receive and review all possible relevant evidence, negotiate with the State for the best resolution possible, or prepare your case for a bench or jury trial resolution. Court motions will be made, witnesses may need to be called to testify in depositions, and so on. Patiently wait it out – these things take time, especially when you are trying to get the best resolution possible.
Have You Been Arrested for a DUI? Turn to The Law Office of Jesse K. Sanchez
If you’ve been charged with driving while intoxicated, a major felony, domestic violence, drug use/possession, a sex crime, or a gun crime – no matter what kind of difficulty you’re facing – do yourself a considerable service by conferring with one of the attorneys at The Law Office of Jesse K. Sanchez.
In the fight against both drugged-driving criminal offense charges and drunken-driving charges, Jesse Sanchez and his associates have years of experience. Our office will affordably represent you as if your battle were our very own. Call or text to schedule a free consultation now. One of our attorneys will take a close look at your potential defenses and figure out whether or not your case can be proven by the state.
Please don’t wait another moment – contact us at: (317) 721-9858.