Don’t Panic: Here’s What To Do When You Get a DUI
For many individuals, the legal process that follows their DUI is completely new to them. Often, many are left uninformed as to how to go about this and due to high levels of emotion, finding the right direction can be a challenge. Don’t panic, we’re here to break it down for you.
Although many who receive a DUI focus solely on the legal actions that must be taken, it should be noted that there are many people who may need more assistance in regards to their emotional state or additional treatment to address larger issues of addiction.
First and foremost, contact a DUI defense attorney. If you’ve already consulted with a DUI defense attorney, you may soon come to find out that different people go about their legal strategies in a variety of ways. Due to this, you may not completely agree with or go with the following suggestions. However, it should be noted that these excerpts come from the DUI winning strategies book 24 Things You Should Do Following Your AZ DUI Arrest written by James Novak.
Novak is a well-experienced DUI defense attorney and his work has only one specific goal; increase the chances of getting a good outcome in your DUI case.
1. Document the Incident in Detailed Description
There are clearly defined facts your Arizona DUI Defense will depend on. A large sum of your case will be looking into what happened at the DUI stop – this includes much of the dialogue and statements made between you and the police officer(s). With these documents you provide – as well as the documents from other sources – your attorney will look into whether or not there’s argument of violation towards your Constitutional Rights.
Therefore, you’ll want to document everything you can remember. This includes all the who, what, when, where and why’s. And if you have any photos of the incident, that’s even further solid evidence. It’s best to do this as soon as possible after the DUI arrest, but not everyone’s keen on this at that time.
2. AZ DUI Defense
Make sure you find a Defense Attorney that defends specifically in your state and city/town. The importance to this is that they know the area – the streets – and all the conditions that can come from any crook or cranny. To further this, if they’ve worked regularly within the court you’re subjected to, then there’s a reputation they have that may better your defense. You may attempt to fight it yourself, but trying to figure out the intricate entanglement that is the justice system is (generally speaking) too much for average individuals to handle. And the proper Defense Attorney already understand this maze.
3. Medications and Physical Limitations
There are occasional instances where police officers come to improper conclusions within their sobriety test. These occasions occur when individuals are facing physical limitations or are on medication necessarily prescribed to them. If you fit one of the two categories, you might have a proper defense.
4. Arizona DUI Documentation
You’re going to want to collect all documentations that were involved in your DUI stop and present them to your lawyer. These include what you wrote down after the incident, your citations and/or tickets, the documents you handed to the officer. The reason this is so important is that something can be found within these documents that gives you cause for a defense.
5. Get Yourself an MVD Hearing
If you had gotten your license suspended or temporarily taken away due to your DUI, you have one civil right that doesn’t relate to the DUI itself. That is an MVD hearing (sometimes known as an Admin Per Se hearing). Usually, you have fifteen days after the arrest to receive your hearing and requesting it will give you a chance to get your license back.
6. Get to Court on Time
This might seem obvious, but the penalty for not showing up to your court date is Arizona issuing a warrant for your arrest. Therefore, be sure to calendar the date, time, and location. When the time comes to appear, it’s best to be early and well-dressed.
There are circumstances that may give you the right not to appear in court. In an example, your Defense Lawyer may be able to appear for you or
7. Get Your Auto Back if Impounded
There are cases where individual’s vehicles get impounded due to Arizona’s law enforcement’s right to do so. They have the right to keep your vehicle impounded for up to thirty days after your arrest. If this is your case, you’ll want to set up an impound hearing. These are informal and don’t require a lawyer – most of the time, they take place over the phone.
8. Take Photos of the Vehicle and Location
Photographs are evidence and if the police are the only side with them, you’ll be at a disadvantage. There’s should be a wide range of what you should have photos of. These include the vehicle, location, anything that might’ve been hit, or objects that were used or discussed in your interaction with the officer who stopped you.
9. Resolve Any Legal Auto Issues
These include (but are not limited to) registration, insurance, and unpaid tickets or fines. In an instance where you couldn’t provide proper registration or insurance (yet, you still had it), make sure you collect those documents. Piling up these unresolved issues looks worse for your case and will not give you a proper means of defense.
After these legal hurdles have been handled, your attorney will recommend you complete a Drug and Alcohol Screening in order to be eligible for a restricted driver’s license.
A restricted driver’s license allows you to drive to and from work, school, and appointments for the duration of your license suspension. Driver’s license suspensions last usually around 90 days. For the first 30 days of your suspension, you cannot drive at all. Following completion of the first 30 days and a DUI Screening with a qualified substance abuse counselor or behavioral health technician, you may apply for a restricted driver’s license through the Arizona Motor Vehicle Department (MVD).
Regardless of the outcome of your case within the court system, Arizona MVD may still suspend your driver’s license even if your case is dropped or pled down through the court. The reason for this is because in Arizona, the courts and the Department of Transportation are two separate entities.
To fulfill your sentencing requirements, you may also need to complete DUI Education, DUI Treatment, Victim Impact Panel, installation of an ignition interlock device, SR22 insurance, Traffic Survival School, and so on.
Alcohol Screening Phoenix is your one-stop-shop for all your DUI requirements. We’ll make sure you’re taken care of from start to finish. Contact us today, we’re on your side!
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