Facing a DUI (Driving Under the Influence) arrest can be a daunting and overwhelming experience. It’s crucial to understand that the steps you take immediately following your arrest can significantly impact the outcome of your case. At Woolsey Morcom, we are committed to guiding you through this challenging time and helping you build a strong defense. Here are key steps to take right after a DUI arrest to protect your legal rights and bolster your defense.
1. Remain Calm and Respectful
First and foremost, it’s important to stay calm and respectful during the arrest process. Avoid arguing with the arresting officers or making any statements beyond providing necessary information such as your name and license. Anything you say can be used against you in court, so it’s best to keep communication minimal and composed.
2. Understand Your Rights
You have specific rights when arrested for a DUI, including:
The Right to Remain Silent: You don’t have to answer questions about where you came from or how much you had to drink. Politely inform the officers that you wish to exercise your right to remain silent.
The Right to an Attorney: You are entitled to have an attorney present during questioning. Request to contact your lawyer as soon as possible.
3. Document the Arrest Details
Write down everything you remember about the arrest as soon as possible. This includes the circumstances leading to the stop, how you were treated by the police, and any interactions that occurred. Accurate documentation can be crucial in building your defense and identifying potential issues with the arrest process.
4. Request a DMV Hearing
In Florida, along with many other states, if you refuse to provide a breath and/or urine sample following an arrest for DUI, your driving privilege will be suspended administratively. This means that the DMV will suspend your ability to drive legally. Additionally, if you do provide a breath sample, and that breath sample is over the legal limit (.08), you license will also be suspended administratively. Following either of these circumstances (refusal or providing a breath sample over the legal limit), you are allowed to challenge the administrative suspension of your driving privilege. Whether or not you decide to challenge the administrative suspension is an important decision that one should discuss with your attorney.
5. Avoid Discussing the Case
Refrain from discussing the details of your case on social media or with friends and family. Anything you post or say could be used against you in court. Keep communications about your case private and limited to your attorney. Additionally, always remember to refrain from discussing the case while you are still incarcerated. Most, if not all calls from a county detention facility are recorded. Any statements made on those calls can be used against you in criminal proceedings.
6. Gather Evidence and Witnesses
If there are any witnesses to the events surrounding your arrest or if you have evidence that could support your defense, gather it as soon as possible. This could include video footage, photographs, or contact information for potential witnesses. The sooner you collect this information, the better your chances of utilizing it effectively.
7. Seek Legal Representation
Engaging a skilled DUI attorney is one of the most crucial steps you can take. At Woolsey Morcom, our experienced attorneys will review the details of your case, analyze the evidence, and work to develop a strategy tailored to your situation. We will guide you through the legal process, represent your interests, and aim to achieve the best possible outcome for your case.
8. Attend All Court Hearings
Missing court dates can have serious consequences, including additional charges or a default judgment against you. Make sure to attend all scheduled court appearances and comply with any requirements set forth by the court. Your attorney will keep you informed about your obligations and help you navigate the legal proceedings.
9. Follow Legal Advice and Comply with Orders
Adhere to any legal advice provided by your attorney and comply with court orders or conditions of bail. This includes attending any required counseling or educational programs, as failure to comply can negatively impact your case.
10. Stay Informed and Prepared
Stay informed about the progress of your case and maintain open communication with your attorney. Preparation and awareness are key to successfully managing your defense and understanding the legal process.
If you or someone you know is facing a DUI charge, don’t hesitate to reach out to Woolsey Morcom for expert legal support. We are here to protect your rights and help you navigate this challenging time with confidence.
For more information or to schedule a consultation, contact us today.
